(A) Consequences of refusal to test. The substitution of, adulteration of, or refusal to submit to, the types of drug and alcohol tests employed by the town will be grounds for refusal to hire employees/applicants, and to terminate employment of existing employees.
(B) Definitions.
(1) A REFUSAL TO TEST is defined to be conduct that would obstruct the proper administration of a test. A delay in providing a urine or breath sample could be considered a REFUSAL. If an employee cannot provide a sufficient urine specimen or adequate breath sample, a physician of the town's choice will evaluate him or her. If the physician cannot find a legitimate medical explanation for the inability to provide a specimen (either urine or breath), it will be considered a REFUSAL TO TEST. In such circumstances, the employee has violated one of the prohibitions of the regulations.
(2) A REFUSAL TO SUBMIT TO AN ALCOHOL OR CONTROLLED SUBSTANCE TEST means:
(a) Failure to appear for any test (except a pre-employment test) within a reasonable time, as determined by a town supervisor, consistent with DOT regulations, after being directed to do so by the town supervisor;
(b) Failure to remain at the testing site until the testing process is complete;
(c) Failure to provide a urine specimen for any drug test required by the town;
(d) In the case of a directly observed or monitored collection in a drug test, failure to permit the observation or monitoring of the employee's provision of a specimen;
(e) Failure to provide a sufficient amount of urine when directed, and it has been determined, through a required medical examination, that there was no adequate medical explanation for the failure;
(f) Failure or declining to take a second test the town has directed the employee to take;
(g) Failure to undergo a medical examination or evaluation as directed;
(h) Failure to cooperate with any part of the testing process.
(Ord. 95-22, passed 12-27-1995; Am. Ord. 05-04, passed 2-28-2005: Am. Ord. 2012-04, passed 1-23-2012) Penalty, see § 10.99