§ 35.04 TESTING.
   (A)   Testing procedure.
      (1)   The following procedure will be used for all testing under this program.
         (a)   It is up to the individual to get tested within eight hours for alcohol and within 24 hours for drugs after an accident.
         (b)   Reasonable suspicion will be at the request of the department head.
         (c)   1.   In testing for drugs, a urine specimen will be collected and tested.
            2.   If the screen reveals a positive result, a further test from the original specimen will automatically be performed through a second, more detailed test.
         (d)   1.   Where a drug test is being performed due to reasonable suspicion or a post incident test, the employee will be placed on an unpaid suspension until confirmation is received from the laboratory.
            2.   If the instant test is negative, the employee will be returned to work in a non-safety sensitive position until the village receives the final test result.
         (e)   1.   In testing for alcohol, a breathalyzer test will be preformed.
            2.   The positive result of 0.04% or greater for alcohol from the breathalyzer test will constitute a violation of this program.
            3.   An employee may avoid reliance on the breathalyzer test by voluntarily providing a blood sample within one hour of the time a breathalyzer sample is collected.
            4.   If a blood sample is provided within one hour and tests below the 0.04% level, the employee will not be in violation of this program.
            5.   The reference to 0.04% level refers to a concentration of four-hundredths of one percent or more by weight of alcohol in blood or concentration of four-hundredths of one gram or more by weight of alcohol per 210 liters of breath.
         (f)   All testing will be performed at and/or by laboratories and collection sites which are certified by the Department of Health and Human Services.
      (2)   Employees testing positive for personal prescription of over-the-counter medications will not be in violation of this program.
      (3)   The village is responsible for all costs associated with testing under this program.
      (4)   Testing will be required under the following circumstances:
         (a)   Pre-employment testing. All persons receiving an offer of employment will be tested prior to commencing employment.
         (b)   Post accident testing. Any accidents in performance of village work with damages over $2,000.
   (B)   Reasonable suspicion. Supervisors who have received training under this program may require an employee to submit to testing if they have a reasonable and articulable belief that the employee is using or under the influence of a substance based on a specific, physical behavioral or performance indicators.
(Ord. 23, 2003, passed 9-11-2003)