§ 32.38 PROHIBITED ACTIVITIES.
   (A)   The following conduct is strictly prohibited in the circumstances described in § 32.36(A) of this subchapter:
      (1)   Using, being under the influence of or possessing illegal drugs;
      (2)   Using or being under the influence of legal drugs that are being used in a manner other than prescribed;
      (3)   Using or being under the influence of legal drugs whose use can adversely affect the ability of the employee to perform his or her job safely, without disclosing such to a supervisor prior to being detected;
      (4)   Selling, buying, soliciting to buy or sell, transporting, or possessing illegal drugs;
      (5)   Using alcohol within four hours before performing a safety-sensitive function or performing in a safety impact position;
      (6)   Using or being under the influence of alcohol at any time while driving or performing any other safety-sensitive function;
      (7)   Consuming any amount of alcohol while on duty, while driving a town vehicle or while conducting town business;
      (8)   Resting positive for illegal drugs and/or alcohol in circumstances that violate this subchapter;
      (9)   Refusing to consent to be tested for drugs and alcohol;
      (10)   Failing to submit to a drug and/or alcohol test as directed by the town;
      (11)   Violating any applicable federal, state or local requirements governing the use of drugs or alcohol;
      (12)   Doing anything to obstruct the town’s goals with respect to drugs and alcohol;
      (13)   Failing to report another employee who violates this policy when the employee who fails to report has reasonable suspicion to believe the policy has been violated; or
      (14)   Falsely reporting a violation of this subchapter, if the report is intentionally false.
   (B)   An off-duty employee who is called in to work outside regular working hours, and has consumed alcohol within the past four hours, shall notify his or her supervisor of that fact before reporting to work. The employee and supervisor are jointly responsible for determining whether the employee should report to work at that time.
   (C)   Any employee who violates the prohibitions in this section will be subject to disciplinary action as outlined in the town’s employee manual, as well as any and all applicable standard operating procedure manual.
(Ord. 082216, passed 8-22-2016)