Employees who use, or are under the influence of drugs and/or alcohol at work or on the Town of Nutter Fort’s premises present a hazard to themselves and other employees. In addition to the potential criminal consequences of their conduct, these employees reduce productivity and hurt morale. Therefore, the following policy shall be enforced.
(a) The use, sale, attempt to sell, possession or distribution of illegal drugs, alcohol, or controlled substances (unless prescribed by a licensed physician for medical reasons), and the paraphernalia associated with such, on the Town of Nutter Fort premises or while on Town of Nutter Fort business is prohibited and shall result in discharge.
(b) If an employee appears to be under the influence of drugs or alcohol, the Town of Nutter Fort will require that employee to take a medical test, at the Town of Nutter Fort’s expense and at an independent testing facility, to determine alcohol and/or drug levels. If the employee refuses to take the test, the Town of Nutter Fort may impose discipline up to and including discharge.
(c) Employees testing positive for illegal drugs, alcohol, or controlled substances while at work will be subject to disciplinary action, including discharge.
(d) If an employee is required to take a legal drug for medical reasons, and that drug may impair the employee’s ability to safely perform his or her job duties, then the employee will be required to advise the supervisor of that fact prior to commencing work and provide an appropriate doctor’s note.
The supervisor may do an evaluation to assess the employee’s fitness for performing all work duties safely.
(e) Employees consent to and recognize the right of the Town of Nutter Fort and its authorized agents to search them, their automobiles and other property, when entering or leaving Town of Nutter Fort property. The Town of Nutter Fort may conduct random drug and/or alcohol testing of employees.
(f) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires otherwise.
ILLEGAL DRUGS.
(a) Drugs that are not legally obtainable; or
(b) Drugs that are only obtainable with a physician’s prescription, but are acquired or used when the individual is not under a physician’s care or direction.
LEGAL DRUGS.
(a) Alcohol;
(b) Drugs prescribed by a physician; or
(c) All other legally obtainable drugs which impair an individual’s physical state or mental awareness.
(g) Employees who enter a town-approved substance abuse center on their own accord shall be permitted to take an uncompensated leave of absence for program attendance as long as the individual abstains from the use of the problem substance. Employees attending such a center shall be permitted to return to their job, provided they refrain from using the problem substance.
(h) The employee may use earned sick leave for time off to attend such a facility after all vacation leave and compensatory time has been utilized. If attendance at a town-approved program requires more time than the employee has in accumulated leave and compensatory time, the employee shall be uncompensated for the remainder of his or her absence. The employee shall continue to accrue vacation and sick leave while attending an approved treatment center.
(i) The Town of Nutter Fort shall only provide rehabilitation treatment support for employees who approach the Mayor prior to the inception of any disciplinary measures which would result in the employee’s termination. The Town of Nutter Fort shall only assist an employee for one treatment program. Employees who find themselves in need of a substance abuse treatment program on an additional occasion shall participate without any financial assistance from the Town of Nutter Fort. This policy is subject to change at the will and pleasure of the town officials.
(j) A written record on all discussions, decisions and actions will be kept in the employee’s personnel file.