(A) Consequences of a positive test result.
(1) An applicant who refuses to take or who receives a positive test result from a preemployment test will not be granted employment with the Village of Marblehead.
(2) Any probationary employee who tests positive in the first 90 days or six months for safety personnel will be immediately discharged.
(B) Conditional employment agreement.
(1) Any employee testing positive as a result of any test will be provided with a conditional employment agreement.
(2) After signing the conditional employment agreement, the employee will be temporarily suspended without pay and must consult with a qualified facility for substance abuse assessment and referral.
(3) Time off from work will be treated as an approved medical or personal leave of absence.
(4) Upon returning to work, the employee will be expected to abide by the conditional employment agreement and will agree to submit to a minimum of two tests/maximum of four tests at the Village of Marblehead's discretion for a period of up to twelve months.
(C) Responsibility for cost of rehabilitation.
(1) Any cost of rehabilitation that is not covered by health insurance is the responsibility of the employee who receives a positive test.
(2) Refusing to sign the conditional employment agreement upon testing positive will result with immediate discharge.
(D) Second positive test result. Any employee receiving a second positive test result will be immediately discharged if during the conditional employment agreement period.
(E) Refusal to submit to testing. Any refusal to submit to testing upon the village's request may result in immediate discharge.
(F) Possession or sale of illegal drugs on village premises. Possession or sale of illegal drugs on village premises will result in immediate discharge.
(G) Refusal to sign or cooperate. Employees who refuse to sign the certification form or otherwise cooperate with the village's enforcement of the program will be immediately discharged.
(H) Attempt to hinder, affect, change or falsify. Any attempt to hinder, affect, change or falsify a specimen for testing will result in immediate discharge.
(I) Violation.
(1) A violation of this program will not be reported to law enforcement officials unless required by a regulatory body or by criminal law provisions.
(2) When required, law enforcement authorities may be contacted and requested to come onto village property in conjunction with a referral for criminal prosecution.
(Ord. 23, 2003, passed 9-11-2003)