(A) Pre-Employment Testing.
(1) All employee applicants shall be advised of the Village Drug/Alcohol testing requirements at the time of interview. After having successfully completed the interview process, the selected prospective full-time employee shall then be required to successfully complete the Village’s drug screening test, as part of his/her background investigation.
(2) All applicants for full time employment shall sign a release and consent/authorization form for Drug/Alcohol testing.
(3) An applicant will not be employed or considered for employment if:
the test results confirm POSITIVE;
he/she refuses to complete the test;
he/she tampers with, or adulterates the specimen;
he/she fails to cooperate in the testing process (including executing all required documentation).
(B) Testing Based on Reasonable Suspicion. If there is a reasonable suspicion that any Village employee, paid or volunteer, has violated any of the prohibited actions covered by this policy, such employee may be required to undergo drug and/or alcohol testing. Reasonable suspicion exists if the facts and circumstances warrant a rational inference that an employee has violated any of the acts prohibited by this policy. Reasonable suspicion shall be based upon the following:
(1) Observable phenomena, such as direct observation of use or the verifiable physical symptoms resulting from the abuse of drugs or being under the influence of alcohol which may include by way of example but is not limited to a pattern of abnormal conduct or erratic behavior, a dramatic decline in work performance, excessive sick leave usage, difficulty in walking, slurred speech, needle marks, glazed stare, and possession of alcohol, or unauthorized banned substance or drug paraphernalia at work.
(2) Information provided by an identifiable, reliable and credible third party that an employee has committed any of the acts prohibited by this policy.
In the event reasonable suspicion exists, the Village shall arrange for a drug and/or alcohol test. When testing is ordered, the employee may be temporarily reassigned or relieved from duty and placed on leave with pay pending the receipt of the test results by the Village. The Village shall also provide the employee with written notice setting forth the objective facts and reasonable inferences to be drawn from those facts which form the basis of the reasonable suspicion.
The employee will then be escorted to the testing facility or collection facility by a designated supervisor immediately.
After completing the test, the employee will be escorted to his/her residence or at the option of his/her supervisor to another location to await the test results, and the employee shall be off work with pay pending the results of the tests. Under no circumstances shall the employee be allowed to leave the work site or the test site driving his/her own vehicle or a Village vehicle.
Employees who test positive for either drugs or alcohol will be subject to disciplinary action, up to and including termination.
(C) Random Testing. Random drug testing shall be conducted during working hours. Employees will be selected at random for a drug test by a random drawing/lottery. The testing times and dates are unannounced and are with unpredictable frequency throughout the year.
When testing is ordered, the employee will be directed to the testing facility or collection facility within a reasonable period of time.
After completing the test, the employee will return to work pending the results of the test.
Employees who test positive for drugs will be subject to disciplinary action, up to and including termination.
(D) Post Accident Testing. Post accident drug/alcohol testing is required immediately following any accident involving a Village employee, paid or volunteer, who operates Village equipment or operates a Village vehicle where an injury to a person has occurred or where damage to equipment, or property has occurred and that damage exceeds One Hundred Dollars ($100.00), based on actual cost or reliable estimates of damage.
When testing is ordered, the employee will be escorted to the testing facility or collection facility by a designated supervisor within a reasonable period of time following the accident.
Employees who test positive for either drugs or alcohol will be subject to disciplinary action, up to and including termination.
(E) Testing Required for Position Required to Have a CDL.
In addition to the provisions of this policy, any employee who is appointed to a position required to have a commercial driver’s license (“CDL”) shall be subject to drug and/or alcohol screening following any work-related accident. Mandatory drug screening shall also be required of all applicants chosen to be hired for positions requiring a CDL. Those who fail the pre-employment drug screening shall not be hired for those positions.