Testing for controlled substances/drugs and alcohol is intended to detect problems, deter usage and allow appropriate corrective action. Any employee who attempts to adulterate a specimen or otherwise manipulate the testing process or who refuses to produce/provide a specimen will be terminated. Employees will be tested for the presence of drugs in the urine and/or alcohol on the breath under any and/or all of the conditions outlined below.
(a) Post-Offer, Pre-Employment Drug Testing. The village will require that all applicants complete a post-offer, pre-employment drug screen/test. Any offer of employment is contingent upon, among other things, a negative result upon completion of this screening, and a determination by the village that the applicant is capable of performing the responsibilities of the position.
(b) Reasonable Suspicion Testing. Reasonable suspicion testing will occur when village management and/or supervision has reason to suspect that an employee may be in violation of this Policy. The suspicion must be documented in writing within 24-hours of the event or prior to the release of the test findings. Reasonable suspicion testing may be based upon, among other things:
(1) Observed behavior, such as direct observation of drug/alcohol use or possession and/or the physical symptoms of drug and/or alcohol use;
(2) A pattern of abnormal conduct or erratic behavior;
(3) Arrest or conviction for a drug-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking. The employee is responsible for notification of the village, within five working days, of any drug-related conviction;
(4) Information provided either by reliable and credible sources or independently corroborated regarding an employee’s substance use; or
(5) Newly discovered evidence that the employee has tampered with a previous drug or alcohol test.
(c) Post-Accident Testing.
(1) Post-accident testing will be conducted whenever an “accident” occurs. “Accident” is defined as an unplanned, unexpected or unintended event that occurs on village property, during the conduct of the village’s business, or during working hours, or which involves village-supplied motor vehicles or motor vehicles that are used in conducting village business, or is within the scope of employment, and which results in any of the following:
A. A fatality of anyone involved in the accident;
B. Bodily injury to the employee and/or another person that requires off-site medical attention away from the village’s place of employment;
C. Vehicular damage in apparent excess of $750; or
D. Non-vehicular damage in apparent excess of $500.
(2) When such an accident occurs, any employee who contributed to the accident will be tested for drugs or alcohol use or both.
(3) Urine specimen collection (for a drug test) or breath/saliva (for an alcohol test) will occur immediately after an accident. At no time shall a drug specimen be collected after 32 hours from the time of an employment-related incident. Breath or saliva alcohol testing will be performed within two hours of the accident whenever possible, but never beyond eight hours. If the employee responsible for an “accident” is injured, it is a condition of employment that the employee herein expressly grants the village the right to request that attending medical personnel obtain appropriate specimens (breath, blood and/or urine) for the purpose of conducting alcohol and/or drug testing. Further, all employees herein expressly grant the village access to any and all other medical information that may be relevant in conducting a complete and thorough investigation of the “accident”, to include, but not be limited to, a full medical report from the examining physicians(s) or other health care providers.
(d) Random Drug Testing. The village will randomly drug test all employees and contract workers without advance notice. A non-village testing organization will utilize a random selection process in which all employees in the testing pool have an equal statistical likelihood of being selected for testing. For each random draw, all employees are included in the pool with an equal chance of selection, regardless of whether the village previously tested the employee. The village will notify each employee who was selected with the date, time and location of the random test. When notified, the individual employee will provide a urine specimen for drug testing and/or submit to breath alcohol testing. An employee’s failure to comply with the request for a specimen for random testing will result in termination of employment.
(e) Return to Work or Post Treatment Testing. When an employee who has previously tested positive is allowed to return to work under a “second-chance” or “last-chance” agreement. A return to work test is required before the employee is allowed to return to work. If the employee fails this test, employment is automatically terminated. Once an employee passes the drug and/or alcohol test and returns to work, the village retains the right to conduct a series of four to six tests in its absolute discretion over an 18-month period. Any employee with a second positive test result under any of the above bases for testing will be terminated.
(Ord. 02-2005, passed 5-9-2005)