(A) Purpose. The purpose of this policy is to create and maintain a drug and alcohol free work environment by identifying existing employees, officers and potential employees, who use or abuse illicit drugs and/or abuse prescribed medications.
(B) Policy statement. It is the policy of the town to provide a safe environment in order to conduct town business in the most effective manner possible. A safe environment will be attained by appropriate employee screening, employee education and training, surveillance of the work area and the effective management of situations involving drugs and alcohol regarding individuals who fall under the purview of town (i.e., this would include individuals operating equipment on or off of town property). It is the intent of the town through its policy, procedures and practices to reduce the potential for:
(1) The manufacture, possession, use, sale, distribution, dispensation, receipt or transportation of illegal substances while on town property or while otherwise engaged in town business;
(2) The consumption of alcoholic beverages on town property or while otherwise engaged in town business;
(3) Being under the influence of substances while on town property or while otherwise engaged in town business or during employment; and
(4) Performing duties while under the influence of substances whether on or off town property.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
POSSESSION. To have on one’s person, in one’s personal effects, in one’s vehicle or otherwise under one’s care, custody or control.
PREMISES. For the purpose of this policy all property, facilities, buildings, structures, installations, work locations, work areas or vehicles owned, operated, leased, or under the control of the town to which such premises or property pertains. Private vehicles parked on premises or properties are also included under this definition.
PRESCRIPTION. A valid prescription issued to the employee by a licensed health care provider authorized to issue such prescription and used for its intended purpose as prescribed before any expiration date.
SUBSTANCE. Any alcohol, drugs, other substances whether ingested, inhaled, injected subcutaneously, or otherwise) that have known mind altering or function-altering effects upon the human body or that impair one’s ability to safely perform his or her work, specifically including, but not limited to, prescriptions drugs and over-the-counter medications; alcohol, drugs and other substances made illegal under federal or state law; “synthetic or designer” drugs: illegal inhalants; “look-alike” drugs; amphetamines, cannabinoids (marijuana and hashish), cocaine, phencyclinidine (PCP), and opiates; and any drugs or other substances references in Schedule I through V of 21 C.F.R. part 1308 (whether or not such drugs or other substances are narcotics).
UNDER THE INFLUENCE. The condition wherein any of the body’s sensory, cognitive or motor functions or capabilities is altered, impaired, diminished or affected due to substances. This also means the detectable presence of substances within the body, regardless of when or where they may have been consumed, having an alcohol test result of 0.08 or greater alcohol concentration of blood or breath, and/or having a positive test for other substances.
(D) Applicability. This policy and companion procedures apply to all town facilities and property and to all officers and employees. All officers and employees are responsible to be familiar with and comply with this policy and companion procedures.
(E) Policy provisions.
(1) Violation. It is a violation of the law to manufacture, possess, use, sell, distribute, receive or transport illicit drugs on town property. The illegal possession, distribution or use of drugs by employees on town property will not be tolerated and may subject violators to discipline, up to and including termination. Any person, whether an employee or not, engaging in prohibited conduct under this policy is also subject to legal action.
(2) Legal compliance. The provisions of this policy are subject to any federal, state or local laws that may prohibit or restrict their applicability, and testing for substances shall be conducted in accordance with and limited by such laws notwithstanding any terms of this policy to the contrary.
(3) Pre-employment substance testing. Individuals, to whom the town makes an offer of employment, is contingent upon the results of a substance test of breath, saliva, urine, blood and/or hair in accordance with this policy. Individuals, to whom a contingent offer is made, whose pre-employment substance tests return positive (except with respect to prescription drugs and over-the-counter medications) will be ineligible for employment. Should a candidate fail his or her initial drug test, he or she will have the option of re-testing within 24 hours at the town’s expense. Individuals who test positive contingent on a drug screen, offers of employment will be revoked.
(4) Other substance tests.
(a) 1. The town may periodically conduct substance tests based on breath, saliva, urine, blood and/or hair samples under any of the circumstances noted below. Any employee subjected to any substance test will be required to sign a substance test consent form.
2. Refusal to sign the form or leaving the work area prior to the substance test without permission of the supervisor, or refusal to cooperate in any way with the testing process, shall be grounds for immediate termination of employment. In the event, an employee consents to a substance test but fails to sign a substance test consent form, his or her failure will not invalidate the consent for the testing.
(b) An employee, who appears to be under the influence of substance(s), may, at the sole discretion of the town, be removed from the work area and provided with transportation to the place of testing.
(c) At the discretion of the town, employees suspected of violating this policy may be placed on administrative leave with or without pay pending test results. If test results are negative; the employee will be reimbursed for any salary lost during administrative leave.
1. Post-accident testing. If the town has reasonable cause to believe an employee has caused an on-the-job injury that is considered recordable under OSHA guidelines (i.e., requiring medical treatment) as a result of being under the influence, the supervisor may require the injured employee to undergo a post-accident substance test. Refusal to submit to the substance test shall be grounds for immediate termination of employment. Town employees who operate town vehicles or equipment, or who are police officers or dispatchers, or operate the water or sewer treatment plants are subject to random no-notice substance testing.
2. Fitness for duty. Employees suspected to be unfit for duty as a result of the use or reasonably suspected use of substances will be subject to substance testing. Refusal to submit to substance test will be grounds for immediate termination of employment.
3. Reasonable suspicion. The town may require an employee to submit to a substance test if the employee’s supervisor and another individual in a management position has a reasonable belief that the employee is using, is under the influence of, or is in the possession of substance or has otherwise violated this policy’s prohibition on the use of substances. Refusal to submit to a substance test will be grounds for immediate termination of employment.
4. Random selection testing. All employees are subject to random testing for substances. Where random testing is prohibited or restricted by applicable state or local statute or regulation, or other legally-binding agreement, the town will conform to all applicable laws, regulations, agreements notwithstanding the provisions of this policy.
5. Alteration of sample. Specimens reported by the testing laboratory as adulterated or substituted will be considered a refusal to test, and therefore grounds for immediate termination of employment or ineligibility for hire.
6. Workplace searches. Management may conduct searches of town property, including lockers, and an employee’s personal property in cases where there is reasonable cause to suspect a violation of this policy. While no search will be conducted without an employee’s consent, consent to a search is a condition of continued employment with the facility. An employee who refuses to cooperate in the conducting of such searches will be subject to disciplinary action up to, and including, termination of employment.
7. Collection of samples. Testing samples will be collected by a qualified individual only, whether such individuals are employees of an outside testing laboratory. Collection of samples will be performed under reasonable and sanitary conditions. The chain of custody of the sample will be recorded, and this record should be retained.
8. Off-premises use. The town reserves the right to suspend with pay any employee who has been arrested for criminal offenses related to the manufacture, possession, sale, use, distribution, dispensation, receipt or transport of any illegal substance pending resolution of the charges to the town’s satisfaction.
(5) Conviction. Employees who are convicted of any substance related violation under state or federal law or who plead guilty or nolo contendere (i.e., no contest) to such charges must inform the town in writing within five days of the conviction or plea. Failure to do so will result in disciplinary action, up to and including termination. In the event of an employee’s conviction or plea to charges relating to the manufacture, possession, sale, use, distribution, dispensation, receipt or transportation of any substance, the facility will determine whether disciplinary action will be taken, including the appropriateness of continued employment.
(F) Confidentiality of test results. All test results will be handled on a confidential basis and will be available only to the town personnel who have a need to know such results. The Director, Human Resources or his or her designated representative will determine who will have access to these records.
(G) Attachments.
(1) Substance test consent form.
TOWN OF HENNESSEY |
CONFIDENTIAL DRUG TESTING CONSENT FORM |
Employee/Applicant’s |
Name (Print Name)________________________________________________ |
A. I understand that I am being asked to provide a blood, urine or hair sample for testing to determine the presence of alcohol, drugs or controlled substances in my system. I understand that I do not have to provide such a specimen if I choose not to do so, but that my refusal will result in termination of my employment at the town or revocation of any offer of employment. |
B. I hereby give consent to and authorize the Town of Hennessey and its agents, servants, employees and/or physician chosen by the town to take blood, urine or hair specimen and to use such specimen in any manner that the facility and its agents, servants, employees and physicians deem appropriate, including, but not limited to, releasing such specimen to a testing laboratory, hospital, other person or service for testing. I hereby give consent to and authorize the facility and its agents, servants, employees, and/or physicians chosen by the facility and any such testing laboratory, hospital, person or service to conduct drug tests and to release the results of the tests or other information concerning the specimen to or to any person or firm designated by the town. |
C. I hereby release the Town of Hennessey any of their officers, agents, servants, employees and physicians, any laboratory, hospital, person or facility responsible for testing from any and all claims, causes of action, damages or liability relating to the testing or use and dissemination of test results, including, but not limited to, all claims for injuries or damages arising out of our relating to the collection of specimens, procedures, the release of information or results concerning such testing, or any action taken regarding any employability or continued employment as a result of such testing and/or test results. |
_____________ I consent to provide a blood, urine or hair specimen for use in the manner described herein. |
_____________ I refuse to provide a blood, urine, or hair specimen. I understand that my refusal constitutes grounds for immediate termination or disqualification from employment consideration. |
________________________________________ ________ Employee/Applicant’s Signature (Print and Sign) Date |
_________________________________________ ________ Witness’s Signature (Print and Sign) Date |
(2) Town statement of a drug-free workplace.
TOWN OF HENNESSEY |
STATEMENT OF A DRUG-FREE WORKPLACE |
A. Town is committed to maintaining a drug-free workplace in compliance with applicable state and federal laws. The unlawful possession, use, distribution, dispensation, sale or manufacture of controlled substances is prohibited on town property. Violation of this policy may result in the imposition of employment discipline as defined for specific employee categories by existing Town Ordinances and policies. Any employee convicted of a drug offense involving the workplace shall be subject to employee discipline. |
B. The illegal use of controlled substances can seriously injure the health of employees, adversely impair the performance of their responsibilities and endanger the safety and well being of fellow employees, students, and members of the general public. Therefore, the town strongly encourages employees who have a problem with the use of illegal controlled substances or abuse prescribed medications to seek professional treatment. A list of sources for drug counseling, rehabilitation, and assistance programs may be obtained from the town offices. |
Employees who are engaged in work under a federal contract may be required to submit to drug test for use of illegal controlled substances as provided by the law or regulations of the contracting agency. |
C. As a condition of employment, employees will strictly adhere to the stipulations as outlined in this statement. In addition, those employees working on a federal contract or grant will notify his/her supervisor if he/she is convicted of a criminal drug offense occurring in the workplace within five (5) days of the conviction. The Town will notify the granting or contracting federal agency within ten (10) days of receiving notice of the conviction of any employee working on a federal contract or grant when said conviction involves a drug offense occurring in the workplace. A copy of this statement shall be given to all employees assigned to a federal contract or grant. |
D. The requirements outlined in this statement are in accordance with the provisions of the Drug-Free Workplace Act of 1988, being 41 U.S.C. §§ 8101 et seq., and will be applied in accordance with the law, rules and regulations pursuant the act. |
I acknowledge that I have read and understand the Town Statement of a Drug-Free Workplace. |
________________________________________________ Signature (Print Name and Sign) Employee/Applicant |
(Ord. 320, passed 10-5-2006)