§ 37.052 PRE-EMPLOYMENT SUBSTANCE SCREENING.
   (A)   All applicants for full-time or part-time employment with the town are required to submit to a medical examination prior to their appointment to a town position.
   (B)   As part of this medical examination, prospective employees will be screened for a range of chemical substances, those chemical substances shall include but not necessarily be limited to the following:
      (1)   Amphetamine/methamphetamine (e.g., speed);
      (2)   Benzodiazepines (e.g., Valium, Librium, Dalmane, Ativan);
      (3)   Barbiturates (e.g., Amobarbital, Butabarbital, Pentobarbital, Phenobarbital);
      (4)   Cocaine;
      (5)   Methadone;
      (6)   Methaqualone (e.g., Quaalude);
      (7)   Opiates (e.g., codeine, heroin, morphine);
      (8)   Phencyclidine (PCP);
      (9)   THC (marijuana and other cannabanoids);
      (10)   Alcohol; and
      (11)   Lysergic acid diethylamide (LSD).
   (C)   These substance groups were selected based upon known abuse in the general area of the town and the ability of each substance to adversely affect physical and mental performance. All controlled substances listed above are illegal under state and federal law.
   (D)   At the time of the medical examination, applicants for full-time or part-time employment will be told of the substance or controlled substance and alcohol screening and will be told and will be required to sign a consent form to permit such screening and provide appropriate bodily fluids for such screening. Applicants who refuse to consent to substance screening, who refuse to provide appropriate bodily fluids for such screening or who attempt to tamper with screening samples will not be eligible for employment with the town.
   (E)   Any applicant whose initial substance screen shows a positive result will have that result confirmed by additional studies. If the second screen of the same sample shows a negative result the individual will not be disqualified from town employment on account of the substance screen. If the second screen confirms the positive test result, the applicant may be disqualified from consideration for town employment. The applicant will be notified of the positive results from the second screen and be given the opportunity, at the applicant’s expense, to have a third screen conducted on the same sample within 72 hours after the applicant is notified of the results of the second screen. If this final screen again confirms the positive test result, the prospective employee will be disqualified from employment with the town.
   (F)   All screens will be made on the same sample by a firm selected by the town. An applicant whose screen shows a positive result will have 24 hours after receiving such notification of positive screen results to provide verification of a current valid prescription in the applicant’s name.
   (G)   The required medical examination, and screening of bodily fluids for chemical substances, except for the third screen as herein provided, shall be at the sole expense of the town.
   (H)   To the extent possible, confidentiality will be maintained by the town for all records and reports of the testing of an applicant’s bodily fluids.
(Res. passed 8-17-1994)