(A) Scope. This policy applies to all town employees except those employees employed by the police department. This policy is applicable to town employees during the scope of their employment with the town or while using or operating Town property, whether or not such use or operation is within the scope of their employment with the town.
(B) Definitions.
(1) CONTROLLED SUBSTANCES. Narcotic and non-narcotic drugs and prescription drugs as further defined by state and federal laws.
(2) DRUG TEST. A urinalysis test to detect controlled substances under approved medical conditions and procedures.
(3) REASONABLE SUSPICION. A basis for belief linked to articulable, objective facts or circumstances to warrant submitting an employee to drug testing.
(C) Policy. It is the policy of the town to prohibit in the workplace and in/on town property the unlawful manufacture, distribution, dispensing, possession or use (including being under the influence) of controlled substances by its employees. Violation of this policy will result in disciplinary action up to, and including, termination of employment.
(D) Conviction under criminal drug statute. Employees must notify the Town Manager of any criminal drug statute convictions for violations occurring in the workplace no later than five days after such convictions. Failure to do so will result in immediate termination of employment. The town will notify all contracting state agencies from whom it has received contracts/grants in excess of $25,000 and the Indiana Department of Administration within ten days after receiving notice from an employee that the employee has received a criminal drug statute conviction for a violation occurring in the workplace. In addition, within 30 days after receiving such notice of a conviction, the town will take appropriate disciplinary action against the employee, up to and including termination, and, depending on the circumstances, may require the employee to participate in an approved drug abuse assistance or rehabilitation program. Any employee who refuses rehabilitation or who does not successfully complete his/her rehabilitation will be terminated.
(E) Drug-free awareness program. The town has established a drug-free awareness program to inform its employees about the dangers of drug abuse in the workplace, the availability of drug counseling and rehabilitation programs, as well as the town's policy of maintaining a drug-free workplace and the penalties that may be imposed upon employees for violations of this policy. The town will use this program in an ongoing educational effort to prevent and eliminate drug abuse that may adversely affect the workplace.
(F) Assistance/rehabilitation programs.
(1) The town encourages any employee with a drug problem to contact his/her supervisor or the Town Manager for assistance. The town is eager to help employees and will, at the employee's request, refer him/her to an appropriate drug abuse assistance or rehabilitation program. The program will be at the employee's expense, except for any benefits provided by insurance coverage, if any, obtained privately by the employee or through employment with the town. All communications will be strictly confidential. Employees will not be subject to discipline for voluntarily acknowledging their drug problem. However, any employee who refuses rehabilitation or who does not successfully complete his/her rehabilitation program will be terminated.
(2) Any employee who has been referred to a rehabilitation program pursuant to the previous paragraph or division (D) of this policy will be reinstated to work upon successfully completing the rehabilitation program. However, in order to be eligible for reinstatement, the employee must provide acceptable documentation to the Town Manager which clearly demonstrates the employee's successful completion of the program. Employees will be given one opportunity for rehabilitation. Any second occurrence will result in immediate termination of employment.
(G) Drug testing. Whenever reasonable suspicion exists that an employee is using or under the influence of a controlled substance (excluding lawfully prescribed prescription medications) within the scope of his/her employment with the town or while using or operating town property, whether or not such use or operation is within the scope of his/her employment, the employee's supervisor shall notify the Town Manager of such circumstances. Upon receiving such notice, the Town Manager may require the employee to undergo a drug test. The Town Manager may also require an employee who has been in an accident, if the accident occurred during the scope of his/her employment with the town or while using or operating town property, whether or not such use or operation is within the scope of his/her employment, involving injury to persons or substantial damage to town property to submit to a drug test.
SUBSTANTIAL DAMAGE shall mean damage that is estimated to be greater than $150. An employee being tested under this paragraph shall be suspended with pay pending the town's receipt of the test results. An employee who tests positive for a controlled substance will be considered to be in violation of this policy.
(H) Test procedure.
(1) All drug testing shall be performed by an approved medical facility. All employees subjected to testing shall be afforded the opportunity, prior to testing, to list all prescriptions and nonprescription drugs they have used in the last 30 days and to explain the circumstances surrounding the use of such drugs, as well as being afforded the opportunity to explain any reasons, whether medical or otherwise, for their conduct which gave rise to the reasonable suspicion which initiated the testing. Employees subjected to testing must sign, prior to testing, an approved form consenting to the testing and consenting to the release of the test results to the Town Manager. Any employee who refuses to sign the consent form shall be in violation of this policy and will be terminated.
(2) Specimens shall be collected in a manner that will not unreasonably demean, embarrass, or cause physical discomfort to the person being tested. The employee must submit two samples. The urine samples must be taken at the same time and place and in two like specimen containers. Each sample will be properly marked, identified, and dated in accordance with the medical facility's or laboratory's procedures. One sample will be submitted for drug screening. The other sample will be stored frozen at the medical facility or laboratory for six months.
(3) Prior to taking any disciplinary action, an employee who tests positive for the illegal use of a controlled substance shall be given the opportunity to explain the test results and/or, if the employee feels the test result of the first specimen was a false positive, he/she may have the second specimen tested. The test result of this second specimen shall be controlling. All test results shall be maintained in a confidential manner and shall be disclosed only to the Town Manager, the employee's supervisor, the town's legal counsel and to other individuals solely on a need-to-know basis.
(I) Condition of employment. In accordance with Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana, as a condition of continued employment all employees must abide by the terms of this policy. Failure or refusal of an employee to cooperate fully, sign any requirement documents, submit to any drug testing, or fail to successfully complete any rehabilitation program to which the employee has been referred shall result in disciplinary action up to, and including, termination of employment.
(J) Reservation of rights. The town reserves the right to interpret, change, rescind or depart from this policy in whole or in part without notice to the employee. Nothing in this policy alters the employee's status as an employee at will.
(K) Substance testing consent form.
SUBSTANCE TESTING CONSENT FORM
I understand that the Town of Lowell is committed to providing a productive and safe work environment for all employees. To further this goal, the Town has established a Drug Free Workplace Policy that includes provisions for drug testing. Consistent with this policy, I am freely and voluntarily consenting to provide urine samples upon request by an authorized representative of the Town to determine whether controlled substances (other than alcohol) are present in my system. I agree to fully cooperate with the Town, its representatives, agents, and any representative or agent of a clinic, laboratory and/or hospital involved in the sample collection, testing, evaluation, reporting and confirmation process.
I further consent to and authorize the release of all information generated by or obtained from my participation in the substance testing program to the Town of Lowell, its agents, representatives, insures and appropriate governmental agencies including, but not limited to, the Indiana Department of Administration.
To the extent allowed by applicable law, I release and hold harmless, individually and collectively, each person or business entity involved in the sample request, collection, testing, evaluation, reporting and for any decisions, adverse or otherwise, made concerning my employment with the Town of Lowell based on the test results. I understand that my failure or refusal to comply in all respects with the terms and conditions herein, with the Town's Drug-Free Workplace Policy, or a positive test result may result in disciplinary action up to, and including, termination.
DATE:
EMPLOYEE:
WITNESS:
(Ord. 1995-14, passed 10-9-95)