(A) Drug tests.
(1) Before an employee’s test result will be confirmed positive for drugs, the employee will be given an opportunity to speak with the director of the testing facility and demonstrate a legitimate medical explanation for the positive result. If the director of the testing facility determines that a legitimate medical reason does exist, the test result will be reported to the town as “negative”. If the director of the testing facility determines that a legitimate medical reason does not exist, the test result will be reported to the town as “confirmed positive”.
(2) Pursuant to DOT regulations, the director of the testing facility will report medical information gathered during the verification process to certain third parties, including the town, if it is the director of the testing facility’s reasonable medical judgment that the information constitutes a medical disqualification under an applicable DOT agency regulation; or the information indicates that continued performance of safety sensitive functions by the employee is likely to pose a significant safety risk.
(3) If the employee’s primary specimen tests positive, the employee will be notified by the director of the testing facility and advised that he or she has 72 hours to request that the secondary specimen be sent to another NIDA certified laboratory for analysis. Pending the outcome of the additional analysis, the employee will be suspended without pay. If the final test result is negative, the employee will be paid for the period of the suspension.
(4) A diluted specimen is an indication that an employee has consumed a large enough volume of fluid to put the body in a temporary state of over-hydration. A diluted specimen is indicated by a low creatinin level and low specific gravity. If an employee produces a negative diluted specimen, the employee will be scheduled for re-testing. The result of the second test will be the result of record. However, if an employee produces a positive diluted specimen, the test will be treated as a “positive” and no further testing will be conducted.
(B) Alcohol tests.
(1) If an employee provides an adequate breath specimen and the initial test registers an alcohol concentration level less than 0.02% by weight, the test results will be reported as “negative” and no further testing will be required at that time.
(2) If an employee provides an adequate breath specimen and the initial test registers an alcohol concentration level 0.02% or greater by weight, a second, confirmatory breath test will be performed. If the employee provides an adequate breath specimen and the confirmatory test registers less than 0.02% by weight, the test results will be reported as “negative” and no further testing will be required at that time.
(3) An employee whose confirmatory test registers 0.02% or greater by weight 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)