(A) Generally.
(1) The town is committed to provide a drug-free environment at the workplace. Drug use in the workplace is a threat to the safety and health of employees and it jeopardizes the efficiency of operations and the quality of town services. The town does not intend to intrude on the privacy of its employees. However, the town requires that employees report to work and remain fully able to perform their duties in a safe and efficient manner. The town’s policy is to comply with the provisions set forth in the Drug-Free Workplace Act of 1988, being 21 U.S.C. §§ 701 et seq.
(2) The policy statement is as follows:
The manufacture, distribution, dispensation, possession or use of an illegal drug in the workplace is prohibited. An illegal drug includes any controlled substance or drug-like substance whose use, possession, purchase, sale, distribution or manufacturing is unlawful.
(B) Policy guidelines.
(1) Conviction of a drug-related offense. Steps to be taken if an employee is convicted of a drug-related offense occurs on the town premises:
(a) Employee shall notify the appropriate person within five days after the conviction (conviction - finding of guilty, including a plea of no-contest);
(b) Employee shall notify the Executive Director (President of Town Council); and
(c) As required by the Drug-Free Workplace Act of 1988, being 21 U.S.C. §§ 701 et seq., the town shall impose sanctions on the employee within 30 days after receiving notification. Sanctions may include termination of employment or mandatory participation in an approved drug abuse assistance or rehabilitation program. Compliance with this policy is a condition of employment. Any employee who violates this policy shall be subject to disciplinary action, up to and including discharge.
(2) Drug test. The town may diagnostically test any employee whose condition is suspected of being affected with illegal drugs. This includes employees who are on town property or who are on the job or on duty at any town location. If diagnostic tests reveal the presence of an illegal drug, the employee will be subject to discharge. If an employee refuses to submit to an diagnostic test, he or she will be subject to appropriate disciplinary action, up to and including discharge.
(3) Drug searches. The town will conduct a search if any employee is suspected of manufacturing, selling, distributing, purchasing, possessing or using an illegal drug while on any town property or while doing any business pertaining to the town. The search may be conducted on or off company property and may include a search of the employee, employee’s vehicle, employee’s personal belongings and any town property assigned to the employee. Any illegal drugs or drug paraphernalia found during the search will be turned over to the proper authorities.
(4) On-the-job drug use, possession or sale. Any employee who manufactures, sell, distributes, dispenses, purchases, possesses or uses an illegal drug while on town property or while conducting business pertaining to the town, will be subject to disciplinary action, up to and including discharge.
(5) Off-the-job-drug possession or sale. If an employee is convicted of off-the-job illegal drug activity, the Executive Director (President of the Town Council) will review the situation. In deciding what action to take, the Town Council will consider the nature of the conviction, the employee’s present job assignment, the employee’s record with the town and other factors related to the impact of the employee’s conviction on the conduct of the town business.
(6) On-the-job use of prescribed drugs. There may be times when employees are prescribed a drug to treat a sickness or disease. In this case, the employee should advise their supervisor of the type of drug and side effects of taking a drug that might affect their job performance. Employees will not be allowed to work if taking a legally prescribed drug that impairs their ability to perform their job, or that may jeopardize the safety of the employee or co-workers. If possible, employees shall be reassigned to a position that can be performed safely. Otherwise, the employee will not be able to return to work until such time they would be able to perform their duties safely for the employee and their co-workers.
(Ord. passed 3-1-2005; Ord. passed 1-21-2020)