(A) Generally. To ensure the integrity and accuracy of each test, all specimen collections, analysis, and laboratory procedures will be conducted by an independent testing facility in accordance with DOT and all other applicable protocols.
(B) Drug tests.
(1) All drug tests conducted under this subchapter require the employee to provide a specimen of his or her urine.
(2) (a) Before being tested by the town, each employee will be required to:
1. Present his or her personal identification;
2. Empty his or her pockets; and
3. Execute a custody and control form provided by collection site personnel.
(b) An employee who refuses to provide his or her identification, provides a false identification, refuses to empty his or her pockets, refuses to execute a custody and control form, or who otherwise refuses or fails to cooperate, will be treated as though he or she has tested positive and 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.
(3) (a) Employees will be permitted to give a urine specimen in private and without being directly observed by collection site personnel unless:
1. An employee previously provided an invalid specimen for which there was no adequate medical explanation;
2. Collection site personnel observe materials or employee conduct that clearly indicate or are consistent with an attempt to tamper with a specimen;
3. The temperature on the original specimen is out of range; or
4. The original specimen appears to have been tampered with.
(b) The collector must explain and document the reason for the directly observed collection.
(4) All specimens will be evaluated to determine that they are consistent with normal human urine, and they have not been substituted, adulterated or otherwise invalidated. Any employee who deliberately attempts to undermine the testing process by substituting or adulterating his or her specimen will be treated as though he or she has tested positive and 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.
(5) (a) At a minimum, urine specimens will be analyzed for the presence of the following drugs:
1. Marijuana;
2. Cocaine;
3. Opiates;
4. Amphetamines; or
5. Phencyclidine (PCP).
(b) Specimens may also be analyzed for such other substances as may be required or permitted by state or federal law and necessary to enforce the town’s drug and alcohol policy. The town reserves the right to begin testing immediately for other illegal substances without prior notice.
(6) All drug tests will be administered using the split sample methodology required by DOT. Under this methodology, the employee must provide at least 45 milliliters of urine in a specimen container. At the laboratory, the bottle containing 30 milliliters will be divided in half and analyzed as the employee’s primary specimen. If the first test yields positive results, the second half of the primary specimen will be analyzed at the same laboratory using scientifically recognized and acceptable technology. In the event the primary specimen is confirmed positive by the testing facility, the employee will be notified by the Town Manager, or in the event the employee tested is the Town Manager, the Council President, and the employee given the option of having the second bottle sent to a different laboratory for analysis. To exercise this option, the employee must advise their supervisor within 72 hours of being told that the primary specimen is positive.
(7) Employees are responsible for knowing the contents, appropriate dosage, and effects of prescription and non-prescription medications. Nothing in this subchapter prohibits an employee’s use of a medication legally prescribed by a licensed physician who is familiar with the employee’s medical history and specific duties and; who has advised the employee that the prescribed medication will not adversely affect the employee’s ability to perform his or her duties safely. Under the town’s drug and alcohol policy, employees are required to inform their supervisors of prescription and non-prescription medications that may impair their ability to perform essential job functions. Medications prescribed for someone other than the employee will not be considered lawfully used under any circumstances.
(8) Before a confirmed positive test is reported to the town, an employee will be given an opportunity to provide a list of any prescription and/or non-prescription medications being lawfully used by that employee at that time. A positive drug test may be declared negative by the testing laboratory facility if the employee can prove with clear and convincing evidence that the drug which was used was prescribed by a licensed physician who is familiar with the employee’s medical history and specific duties. This determination will be solely the responsibility of the testing laboratory facility.
(9) In the event an employee is unable to produce 45 milliliters of urine within a three-hour period, the employee will be required to submit to an evaluation by a licensed physician selected by the town to determine whether a valid medical condition exists to explain the problem. If the physician determines a valid medical condition does exist, the test result will be reported to the town as “negative”. If the physician determines a valid medical condition does not exist, the employee 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, for refusing to be tested.
(C) Alcohol tests.
(1) All alcohol tests conducted by, or on behalf of, the town under this subchapter require that the employee provide a breath specimen. In the case of an alcohol test conducted by a law enforcement officer following an accident, the employee may provide either a breath or blood specimen, as requested by the officer.
(2) Alcohol tests will be administered by a breath alcohol technician (BAT) using an evidential breath testing device (EBT), except in cases of on-scene, post-accident testing conducted by law enforcement officials or preliminary return-to-duty testing by a town supervisor. Positive return-to-duty tests will be verified by a BAT using an EBT.
(3) Before being tested by the town, each employee will be required to present his or her personal identification; and execute a breath alcohol test form provided by the BAT. An employee who refuses to provide his or her identification, provides a false identification, refuses to execute a breath alcohol test form, or who otherwise refuses or fails to cooperate will be treated as though he or she has tested positive and 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.
(4) Prior to each alcohol breath test conducted by the town using an EBT, the BAT will instruct the employee on how to provide an adequate breath sample.
(5) The BAT will open an individually-sealed mouthpiece and attach it to the testing device within the employee’s view. The employee will then be directed to blow forcefully into the mouthpiece until an adequate amount of breath has been maintained. If the initial test registers an alcohol concentration level 0.02% or greater by weight, a second, confirmatory breath test will be performed within 20 minutes of the initial test. The result of the confirmatory test will be deemed the final result.
(6) In the event an employee is unable to provide an adequate amount of breath for the initial or confirmatory test after several attempts, the employee will be required to submit to an evaluation by a licensed physician selected by the town to determine whether a valid medical condition exists to explain the problem. If the physician determines a valid medical condition does exist, the test result will be reported to the town as “negative”. If the physician determines a valid medical condition does not exist, the employee 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, for refusing to be tested.
(Ord. 082216, passed 8-22-2016)