(A) Policy. Pursuant to the federal Drug-Free Workplace Act and the Illinois Drug-Free Workplace Act, it is the goal of the City to provide a safe and drug-free work environment for our employees. With this goal in mind and because of the serious safety and performance consequences of drug abuse in the workplace, we hereby establish this policy for all City employees.
(B) The City of Danville explicitly prohibits:
(1) The use, possession, solicitation for, or sale of narcotics or other illegal drugs, alcohol, or prescription medication without a prescription on City property or while performing any work-related duties.
(2) Being impaired or under the influence of legal or illegal drugs or alcohol while not performing job-related duties or away from City property, if such impairment or influence adversely affects the employee’s work performance, the safety of the employee or of others, or puts the City of Danville’s reputation at risk.
(3) Possession, use, solicitation for, or sale of legal or illegal drugs or alcohol while not performing job-related duties or away from City property, if such activity or involvement adversely affects the employee’s work performance, the safety of the employee or of others, or puts the City of Danville’s reputation at risk.
(4) The presence of any detectable amount of prohibited substances in the employee’s system while at work or while performing job-related duties. “PROHIBITED SUBSTANCES” include illegal drugs, alcohol, or prescription drugs not taken in accordance with a prescription given to an employee.
(C) The City shall maintain a drug-free and/or an alcohol-free awareness program warning employees of the dangers of drugs in the workplace, and shall distribute this policy on maintaining a drug-free workplace and the penalties that may be imposed upon employees for violation of this policy or other applicable policies, rules, or regulations. Each person employed with the City will be provided a copy of this policy and upon employment, will be asked to sign a copy of this policy to indicate the employee’s understanding of its content.
(D) Each employee will be notified that as a condition of employment with the City, the employee:
(1) Must abide by the terms of this policy;
(2) Must notify the City of any conviction for a drug-related or alcohol-related offense occurring within or outside the workplace no later than five days after such conviction. Upon notification, the department head, within 30 days of receiving notice, shall recommend to the Mayor:
(a) Taking appropriate disciplinary action against such an employee, up to and including termination; or
(b) Require such employee, at their own costs, to participate satisfactorily in a substance abuse or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.
(E) Drug Testing. City of Danville employees may be subject to a drug test under the following circumstances:
(1) For Cause Testing. The City of Danville may ask an employee to submit to a drug test at any time it appears that the employee may be under the influence of drugs or alcohol, including but not limited to the following circumstances: evidence of drugs or alcohol on or about the employee’s person or in the employee’s vicinity; unusual conduct on the employee’s part that suggests impairment of influence of drugs or alcohol; negative performance patterns or excessive and unexplained absenteeism or tardiness.
(2) Post Accident Testing. Any employee involved in a job-related accident causing property damage or injury, or any injury event, under circumstances that suggest possible use of drugs or alcohol in the accident or injury event may be asked by either the department head or Risk Manager, but only with approval by the Mayor, to submit to a drug and/or alcohol test. This clause may pertain to damage to any property and therefore is not inclusive of only City property.
(3) If an employee is tested for drugs or alcohol outside of the employment context and the results indicate a violation of this policy, the employee may be subject to appropriate disciplinary action up to and including termination. In such a case, the employee will be given the opportunity to explain the circumstances to the department head prior to forwarding a recommendation to the Mayor. If the employee is recommended for termination by the department head, the Mayor will also offer the employee an opportunity to explain the circumstances prior to any final employment action.
(Ord. 7818, passed 2-6-96; Am. Ord. 8570, passed 2-5-08)