161.01 ALCOHOL, DRUG AND SUBSTANCE ABUSE POLICY.
   (a)   Pre-Employment Testing:
      (1)   Once an applicant has been approved for employment, the department head or participating elected official will contact the potential employee providing details of the drug testing procedure. A conditional offer of employment will be made to the applicant. The applicant must provide a negative drug test result before reporting to work. The potential employee will need to report to the facility selected by the Town of Marmet for testing no more than five (5) days prior to the first date of actual employment.
      (2)   The applicant will be asked to sign a consent form prior to the testing procedure. If the applicant refuses to sign the consent form, said action will automatically disqualify the applicant for employment with the Town. The applicant will be given a copy of the procedures and guidelines the testing facility follows with regard to testing.
      (3)   The applicant will be given the opportunity to list any medications (prescription or non-prescription) currently being used or taken within the past forty-eight (48) hours prior to any testing procedures. In addition, the applicant may list any foods that may arguably alter such testing results. A portion of the samples collected will be set aside so that in the event of a positive test result, a second test might be performed.
      (4)   Test results will be provided by the testing facility to the Town of Marmet or the appropriate participating elected official or their designee. A positive drug test will disqualify the applicant for employment.
   (b)   Reasonable Suspicion Testing.
      (1)   Once it has been determined that an employee needs to be tested due to Reasonable Suspicion using the proper protocol as outlined in the Policy, the employee is to be immediately removed from duty by the appropriate participating elected official or department head until drug testing is completed and the results certified. The Town of Marmet or the appropriate participating elected official will notify the employee that testing is required and make arrangements to have the employee immediately escorted by a designated person to the facility selected by the Town for testing. In the event that medical attention is necessary, testing may be delayed for the time required for medical attention, however, testing may not be delayed for more than twenty-four (24) hours from the time the employee was informed that testing is required.
      (2)   The employee will be asked to sign a consent form prior to the testing procedure. If the employee refuses to sign the consent form, said employee will automatically be suspended without pay and may be subject to termination. The employee will be given a copy of the procedures and guidelines the testing facility follows with regard to testing.
      (3)   The employee will be given the opportunity to list any medications (prescription or non-prescription) currently being used or taken within the past forty-eight (48) hours prior to any testing procedures. In addition, the employee may list any foods that may arguably alter such testing results.
      (4)   A portion of the samples collected will be set aside so that in the event of a positive test result, a second test might be performed. The Town of Marmet or the appropriate participating elected official reserves the right to place any person undergoing testing on suspension with pay pending the return of such results.
      (5)   Test results will be provided by the testing facility to the City or the appropriate participating elected official or their designee. A positive drug test will be handled by the City or the appropriate participating elected official as outlined in the Policy.
   (c)   Random Testing.
      (1)   Federal DOT guidelines provide that twenty-five percent (25%) of the Safety-Sensitive pool be tested annually. Monthly random testing is recommended using the formula of dividing the annual total to be tested by twelve (12) to determine the number to be tested monthly. The Town of Marmet will adopt the Federal DOT guidelines. At date of implementation this would equate to three (3) to four (4) employees from the random Safety-Sensitive pool to be tested monthly.
      (2)   The testing facility selected by the Town will provide to the Town on a random monthly basis the list of employees randomly selected from the Safety-Sensitive pool to be tested. The appropriate participating elected official will notify the randomly selected employee and make arrangements to have the randomly selected employee escorted by a designated person to the on-premises testing site.
      (3)   The employee will be asked to sign a consent form prior to the testing procedure. If the employee refuses to sign the consent form, said employee will automatically be suspended without pay and may be subject to termination. The employee will be given a copy of the procedures and guidelines the testing facility follows with regard to testing.
      (4)   The employee will be given the opportunity to list any medications (prescription or non-prescription) currently being used or taken within the past forty-eight (48) hours prior to any testing procedures. In addition, the employee may list any foods that may arguably alter such testing results.
      (5)   A portion of the samples collected will be set aside so that in the event of a positive test result, a second test might be performed. The Town of Marmet or the appropriate participating elected official reserves the right to place any person undergoing testing on suspension with pay pending the return of such results.
      (6)   Test results will be provided by the testing facility to the Town of Marmet or the appropriate participating elected official or their designee. A positive drug test will be handled by the Town of Marmet or the appropriate participating elected official as outlined in the Policy.
   (d)   Return to Duty Testing.
      (1)   Before an employee returns to work after engaging in conduct that is prohibited under this Policy, the employee will undergo a return to duty test. The employee will need to report to the facility selected by the Town for testing no more than five (5) days before the actual return to work date.
      (2)   Any employee who has been off from work for thirty (30) days or more will be required to undergo a return to duty test. The employee will need to report to the facility selected by the Town for testing no more than five (5) days before the actual return to work date.
      (3)   The returning employee will be asked to sign a consent form prior to the testing procedure. If the returning employee refuses to sign the consent form, said returning employee will automatically be disqualified from returning for employment. The returning employee will be given a copy of the procedures and guidelines the testing facility follows with regard to testing. (11-9-09.)