(A) Town employees are subject to substance screening if there is a reasonable suspicion that while on duty they are impaired.
IMPAIRED is defined as being unable to perform duties safely and completely due to the use of alcohol and/or controlled substances. REASONABLE SUSPICION is a belief based on objective fact sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs and/or alcohol so that the employee’s ability to perform the functions of the job is impaired or so the employees ability to perform his or her job safely is reduced.
(B) Observations which constitute a factual basis for determining reasonable suspicion may include, but are not limited to, the following:
(1) Odor of alcoholic beverage upon the employee’s breath;
(2) Erratic behavior;
(3) Violent mood swings;
(4) Excessive absenteeism;
(5) Repeated tardiness;
(6) Inability to walk a straight line;
(7) Open and obvious possession of alcohol and/or illegal controlled substances;
(8) Slurred speech;
(9) An accident which is caused by the apparent action or inaction of the employee under circumstances giving rise to a reasonable inference that the accident was caused or was a result of the use of alcohol and/or illegal controlled substances;
(10) Possession of drug paraphernalia or alcohol beverage containers; or
(11) A report of a reliable witness indicating use or possession of drugs or alcohol.
(C) A supervisor who has reasonable suspicion that an employee is impaired by alcohol or other illegal controlled substances on the job will, with the approval of the department head, immediately arrange for a substance screening through a medical facility that has been designed to perform such screening for the town.
(D) Employees who are scheduled for a substance screening must be transported to the designated medical facility by the employee’s first line supervisor and/or department head. The employee to be tested shall sign a consent form to permit such screening and shall provide appropriate bodily fluids for such screening. The screening for substances will be made on a sample provided at the clinic. The procedures for such sample collection and testing will be made based upon the medically accepted procedure developed by the chosen medical facility and in order to ensure results of tests no less than a highly sensitive methodology shall be utilized. Such testing shall be based on medically acceptable testing procedures and shall include, but not necessarily be limited primarily to, tests utilizing enzyme amino acid techniques followed up by more specific confirmation testing such as gas chromatography (GC) or gas chromatography/mass spectrophotometry (GCMS) or other highly sophisticated methods which are accepted by the medical facility and/or by the courts. After the sample is given as outlined above, the supervisor will see to it that the employee is safely transported home. In addition, for alcoholic beverage testing, the facilities, as the County Police Department or the state police, and the use of that department’s breath test instrument shall be a sufficient determination for blood alcohol content, provided statutorily approved procedures are followed.
(E) At the testing as outlined above, if the sample provides a negative result, the conclusion will be that the sample contains no alcohol and/or a controlled substance. However, if the first screen shows a positive result, and a second screen using a more sophisticated testing technique shows a positive result, then the employee will be assumed to be under the influence of alcohol and/or illegal controlled substances. An employee whose test shows a positive result will have 24 hours after receiving notification of the positive result to provide a bona fide and verified current valid prescription which may have caused the positive result. The prescription must be in the employee’s name.
(F) The discipline for failing to sign a consent form to permit screening for failure to provide appropriate bodily fluids for screening or for being under the influence of alcohol and/or non-prescribed controlled substances will be the basis for appropriate employee sanctions including the sanction of termination. Such determination will be made on the basis of the employee’s prior work related history, previous disciplinary actions, and any prior identification of substance abuse problems. An employee who receives a positive result in substance abuse screening will receive at a minimum of a five-day suspension without pay. An employee who refuses to sign a consent form to permit screening, or who fails to provide appropriate bodily fluids for screening, will receive at a minimum of a five-day suspension without pay.
(G) In addition to the disciplinary procedure as outlined above and if an employee substance abuse problem has been identified, the supervisor and/or department head will immediately refer the employee to a reputable substance abuse entity for an evaluation. Based on the determination of that substance abuse entity, the employee may be required to undergo a drug or alcohol evaluation and treatment program as a condition of continued employment. Any and all expenses incurred as a result of the evaluation and/or treatment program undertaken by the employee as a condition of its continued employment shall be paid by the employee.
(H) If the town receives notification of any employee conviction of a drug offense which occurred in the employee’s work place, or if the town receives notification of an employee violation of the terms of the policy herein stated, the town shall, within 30 days after receipt of said notice either:
(1) Impose a sanction on the employee, which may include employee termination; or
(2) Require the employee to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitative program approved by the Town Council.
(Res. passed 8-17-1994)