(A) Generally.
(1) The town will conduct tests under the following conditions:
(a) After an offer of employment but before an applicant is hired for any position in town government (pre-employment testing);
(b) For reasonable suspicion that the employee is under the influence of drugs or alcohol;
(c) Following certain accidents while on duty (post-accident testing);
(d) On a random basis for drivers, employees and elected officials in safety impact positions; and
(e) As follow-up to substance abuse counseling.
(2) The town’s procedures and requirements for each test are described in this section.
(B) Pre-employment testing.
(1) This test is required before an applicant for a position in town government will be hired. This test is also required before an employee not in a safety impact position is transferred to a safety impact position. For purposes of the town’s policy concerning pre-employment testing, applicants and current employees who are applying for a safety impact position are collectively referred to as “applicant”.
(2) Applicants will be subject to drug testing only.
(3) An applicant to whom an offer has been extended will be asked to agree in writing to be tested for drugs. The applicant will be notified to report for a drug test and given instructions for the collection procedures.
(4) All offers by the town to hire an applicant, or to transfer an applicant to a safety impact position, are conditioned upon the applicant:
(a) Agreeing in writing to be tested for drugs;
(b) Taking a drug test as directed by the town and obtaining a negative result;
(c) Executing the town’s authorization form by which the town obtains past drug and alcohol test results for drivers; and
(d) Complying with any other conditions or requirements of which the town advises the applicant at the time of the offer.
(5) An applicant who refuses or fails to agree in writing to be tested in accordance with this subchapter, who refuses or fails to execute the town’s authorization to obtain past drug or alcohol test results, who refuses or fails to submit to a pre-employment drug test as directed, whose test result is positive, or who intentionally obstructs the testing process 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.
(C) Post-accident testing.
(1) An employee who is driving during working hours, or at any time in a town vehicle or on town business, must submit to post-accident drug and alcohol tests as soon as possible (within two hours) after an accident as described in subsections (2) and (3) below. An employee who is not driving, but whose actions are believed to have contributed to the accident, may also be tested.
(2) An employee must submit to a post-accident test as soon as possible after an accident that involves the death of a human being.
(3) An employee must submit to a post-accident test as soon as possible after an accident whenever:
(a) The employee receives a citation for a moving violation involving the accident;
(b) A person is injured and the injuries require immediate medical attention to the person away from the accident scene; or
(c) One or more motor vehicles involved in the accident incur disabling damage and must be transported away from the accident scene by a tow truck or another vehicle.
(4) It is possible that an employee will be directed to submit to a drug and/or alcohol test at the scene of the accident by a law enforcement officer. When a test is conducted by a law enforcement officer, the employee is not required to take another drug and/or alcohol test at the town’s testing site.
(5) Whenever an employee is involved in an accident as described in subsections (2) and (3) above, and is not tested for drugs and alcohol by a law enforcement officer, the employee is required to notify his or her supervisor immediately. The supervisor will make arrangements for drug and/or alcohol tests in compliance with this policy. The employee is not required to delay necessary medical treatment in order to be tested, but should request a drug and alcohol test at the town’s expense as a part of any medical treatment.
(6) An employee who is required to take post-accident drug and alcohol tests will, at the town’s discretion, be assigned to an available non-safety impact position in the employee’s department. If no position is available, or if the town so chooses, the employee will be placed on administrative leave with pay while awaiting the test results. If the test results are positive, the employee will not be paid for the period of the leave.
(7) An employee who refuses or fails to submit to a post-accident drug or alcohol test as required, who unnecessarily delays reporting to the test site following an accident, whose test results are positive, or who intentionally obstructs the testing process 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.
(8) The results of post-accident drug and alcohol tests will not be provided to law enforcement agencies for criminal action.
(D) Random testing.
(1) Drivers are subject to drug and alcohol testing on a random basis. Employees in safety impact positions and elected officials are subject to random drug testing only; however, participation in said random drug testing by elected officials is to only be consensual. Such tests will be given without advance notification.
(2) Random alcohol tests will be performed only when the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.
(3) Under the town’s random selection process, drivers and employees in safety impact positions will be kept in a separate pool from that of elected officials. Within each pool, every employee will have an equal chance of being selected each time a selection is conducted. This means that some covered employees may be randomly selected for testing more than one time annually while others may not be selected at all. Appropriate safeguards will ensure that the identity of individual employees cannot be determined prior to or at the time of their selection.
(4) An employee who refuses to submit to a random test, who fails to report for the test as directed, who tests positive, or who intentionally obstructs the testing process 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.
(E) Reasonable suspicion testing.
(1) Each employee will be required to submit to a drug and/or alcohol test whenever the town has reasonable suspicion to believe the employee has used drugs and/or alcohol in violation of the town’s drug and alcohol policy or this subchapter.
(2) Reasonable suspicion will exist when an employee’s appearance, behavior, speech, or body odor indicates drug or alcohol use. Such indications must be personally observed and documented by at least one town supervisor who has received training on the manifestations of drug and alcohol use.
(3) When an employee is notified that reasonable suspicion exists for testing, he or she will be transported immediately by a town supervisor to the test site to be tested for drugs and/or alcohol. The town will make arrangements to transport the employee home after the test. The employee will not be allowed to drive home unless the test is completed and demonstrates conclusively that the employee has not violated this subchapter.
(4) An employee who is required to take a reasonable suspicion test will be considered at that time unqualified for work and will immediately be placed on administrative leave with pay pending the outcome of the test. If the test result is positive, the employee will not be paid for the period of the leave.
(5) An employee who refuses or fails to submit to a reasonable suspicion test, whose test is positive, or who intentionally obstructs the testing process 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.
(F) Return-to-work and follow-up testing.
(1) Following a positive drug and/or alcohol test, a determination that an employee is in need of assistance in resolving problems associated with drugs and/or alcohol, and a decision that the employee will not be fired, the employee must be retested and obtain negative results prior to returning to the job.
(2) The employee will also be subject to unannounced follow-up testing, as directed by a substance abuse professional (sap), for up to 60 months.
(3) An employee who refuses or fails to submit to return-to-work or follow-up testing, whose test is positive, or who intentionally obstructs the testing process 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)