§ 37.42   ALCOHOL AND DRUG TESTING POLICY.
   (A)   Purpose. The Village Manager will enforce a drug and alcohol abuse/testing policy for all employees of the village. It is the intent of this policy to provide an alcohol-free, drug-free, safe working environment for all village employees. Employees of the village are expected to be in suitable mental and physical condition at work, to perform their jobs satisfactorily and to behave appropriately. The use of drugs, other than for medicinal purposes interferes with such expectations and will not be tolerated. The purpose of this policy is to provide consistent and relevant guidelines for all employees regarding alcohol and other drug-use situations.
   (B)   Policy.
      (1)   The possession, transfer, sale, use of or impairment caused by alcohol and drugs, legal or illegal, during work hours or meal breaks, whether on or off municipal property, will be controlled by the procedures specified in this policy. Violations of this policy will result in discipline, including termination of employment or pursuing legal prosecution. Substances included are all forms of alcohol, narcotics, depressants, stimulants, hallucinogens and marijuana, and any other substance that affects behavior.
      (2)   Excluded from this prohibition is the use of drugs for medical purposes. When prescribed or over-the-counter drugs may affect behavior and performance, employees are encouraged to advise their supervisor that they are taking such drugs for medical reasons, and medical evaluation may be required. An employee is obligated to advise his or her immediate supervisor of any job restrictions or limitations known by the employee to be associated with the use of the medication involved. Where such use of drugs adversely affects job performance, it is in the best interest of the employee, co-workers and municipality that the employee be relieved of his or her duties and placed on sick leave.
   (C)   Procedures.
      (1)   Prospective employees may be required to submit to drug and alcohol screening tests.
      (2)   Use of village property, including but not limited to lockers, vehicles, desks and any other property by an employee is conditioned upon the right of the Village Manager or his or her designated representative to search such village property for drugs, alcohol, firearms, or other improper materials.
      (3)   When the Village Manager has a reasonable suspicion that there is a violation by an employee of the drug and alcohol policy, the Village Manager or his or her designated representative may search the village property or personal property in the possession of such employee.
      (4)   Among the circumstances that may provide “reasonable” suspicion are:
         (a)   The inability of an employee to perform his or her assigned duties;
         (b)   Reduced productivity in work by a village employee;
         (c)   An accident resulting in on-duty injury to the employee or a co-worker;
         (d)   A high or unusual pattern of absenteeism;
         (e)   Other behavior patterns inconsistent with previous work performance;
         (f)   Any other conduct or circumstances giving rise to a suspicion that an employee is in violation of the drug and alcohol policy of the village;
         (g)   As a condition of continued employment, all village employees consent to random drug testing at any time and for any reason. To the extent the foregoing is inconsistent with the Village of Lincoln Heights Employee Handbook, or any other policy or procedure, both written and oral, the foregoing random drug testing policy shall control.
         (h)   It is mandatory that any employee involved in any of the situations described below at any time shall immediately submit to a drug or alcohol test, unless the Village Manager specifies a later time:
            1.   There is an accident of any nature involving a Village vehicle or Village owned equipment; or
            2.   There is any type of bodily injury, including without limitation a fatality, or any type of property damage in any way involving a Village vehicle or Village owned equipment; or
            3.   Any type of injury or accident in the workplace or while on duty.
(1995 Code, § 37.42) (Ord. 90-O-10, passed 3-14-1990; Am. Ord. 97-O-56, passed 8-25-1997; Am. Ord. 2013-O-2, passed 6-8-2013)