(A) (1) Drug and alcohol use are highly detrimental to the safety and productivity of employees in the workplace. No employee may be under the influence of alcohol, or any illegal drug while in the workplace, while on duty, or while operating a vehicle or equipment owned or leased by the town .
(2) The town shall maintain a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988, and the State of Indiana Drug-Free Workplace Executive Order No. 90-5 of 1990. Failure to comply with this law could jeopardize government funds received by the town. The unlawful manufacture, possession, distribution, transfer, purchase, sale, use, or being under the influence of alcoholic beverages or illegal drugs while on town property, while attending business-related activities, while on duty, or while operating a vehicle or machine leased or owned by the town is strictly prohibited and may lead to disciplinary action, including suspension without pay or discharge. When appropriate, the town may refer the employee to approved counseling or rehabilitation programs.
(3) Any employee while on official town business, or when serving as a representative of the town, who is convicted of a drug-related crime must notify the town within five days of the conviction.
(4) Monon Town Council members, the Clerk-Treasurer and department heads are required to notify the appropriate government funding agency within ten days of the conviction. Appropriate personnel action including possible discipline, up to, and including termination, and/or participation in a drug abuse assistance or rehabilitation program, may result after notice of the conviction is received.
(5) The town will determine on a case-by-case basis whether assistance will be provided to employees whose health or performance is at risk of deterioration. Employees may use physician prescribed medications, provided that the use of such drugs do not adversely affect job performance or the safety of the employee or other individuals in the workplace.
(6) The town recognizes that employees may wish to seek professional assistance in overcoming drug or alcohol problems. Please contact the Clerk-Treasurer for more information about the benefits potentially available under the employee medical benefit plans and any possible referral sources.
(7) Employees may keep prescription drugs on town premises when prescribed by a medical physician. Employees may keep over-the-counter medications on town premises as needed. Employees holding safety-sensitive positions shall notify their elected official/department head of such over-the-counter medications and prescription drugs, which may impair judgment in the performance of job duties and responsibilities.
(B) Testing. The Town of Monon may ask employees to submit to random alcohol or drug tests.
Alcohol or drug tests may be required for employees in the following circumstances.
(1) Pre-employment testing. The Town of Monon will not employ individuals known to use illegal drugs or misuse prescription drugs. All prospective new employees may be subject to drug and alcohol testing at the town's expense. Offers of employment may be contingent on passing the pre-employment drug and alcohol screen. Applicants who refuse to complete the test, test positive, or refuse to complete related documentation will not be hired by the town. Applicants will be asked to list any legally prescribed drugs taken at the time of the test and will be asked to provide physician authorization for those drugs.
(2) (2) Reasonable suspicion. At the time a department head/Clerk-Treasurer requests an employee provide a sample for testing, the department head/Clerk-Treasurer shall provide the employee with a written statement setting forth workplace behavior witnessed by the employee's supervisors relied upon by the requesting authority in coming to a conclusion that there is a reasonable suspicion that the employee may be under the influence of a drug or alcohol. If the employee refuses to submit such a sample upon request, then accompanied by said written statement, the town will interpret such refusal as a positive drug test result and thus a violation of the town's work rules, and the employee's refusal of the test shall be subject to the town's progressive discipline policy and may include termination.
(3) Post-accident.
(a) Post-accident testing occurs when an employee is involved in an accident on town property or operating town equipment in the pursuit of town business.
(b) The town reserves the right to order post-accident tests, as it deems appropriate, based on the totality of the circumstances surrounding the accident. Post-accident tests may include screens for both drugs and alcohol.
(c) Questions concerning this policy, or its administration should be directed to the Clerk-Treasurer.
(Ord. 2022-13, passed 12-21-2022)