(A) A covered employee's supervisor will refer him or her for testing for alcohol misuse when the town has reasonable suspicion to believe that the employee has violated the rules regarding the use of alcohol. A determination that reasonable suspicion exists must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.
(B) Reasonable suspicion testing is authorized only if the required observations are made during, just preceding, or just after the period of the workday that the covered employee is performing a safety-sensitive function. A supervisor must make the observation and determination that a reasonable suspicion exists. However, the supervisor making the determination is not to conduct the reasonable suspicion test on that employee; the employee must be referred to hospital or immediate care facility for testing. A supervisor's written record of the observations leading to a controlled substance reasonable suspicion test must be made and signed by the supervisor who made the observations. This record must be made within 24 hours of the observed behavior or before the results of the controlled substance test are released, which is earlier.
(Ord. 95-22, passed 12-27-1995; Am. Ord. 05-04, passed 2-28-2005: Am. Ord. 2012-04, passed 1-23-2012)