(A) Employees are an extremely valuable resource for town’s business. Their health and safety is a serious concern of the town. Drug or alcohol use may pose a serious threat to employee health and safety. It is, therefore, the policy of the Town of Oolitic (hereafter referred to as town) to prevent substance use or abuse from having an adverse effect on our employees. The town maintains that the work environment is safer and more productive without the presence of alcohol, illegal, or inappropriate drugs in the body or on town property. Furthermore, employees have a right to work in an alcohol- and drug-free environment and to work with employees free from the effects of alcohol and drugs. Employees who abuse alcohol or use drugs are a danger to themselves, their co-workers, and the town’s assets.
(B) The adverse impact of substance abuse by employees has been recognized by the federal government. The Federal Motor Carrier Safety Administration (“FMCSA”) has issued regulations which require the town to implement a controlled substance testing program. The town will comply and require that a driver submit to alcohol and controlled substance tests administered in accordance with these regulations and is committed to maintaining a drug-free workplace. All employees are advised that remaining drug-free and medically qualified to drive are conditions of continued employment with the town.
(C) Specifically, it is the policy of the town that the use, sale, purchase, transfer, possession, or presence in one’s system of any controlled substance (except medically prescribed drugs) by any employee while on town premises, engaged in town business, while operating town equipment, or while under the authority of the town is strictly prohibited. FMCSA states that mandatory testing must apply to every person who operates a commercial motor vehicle in interstate or intrastate commerce and is subject to the CDL licensing requirement.
(D) The execution and enforcement of this policy will follow set procedures to screen body fluids (urinalysis), conduct breath testing, and or search all covered employees including applicants for alcohol and drug use. These procedures are designed not only to detect violations of this policy, but to ensure fairness to each employee. Every effort will be made to maintain the dignity of employees or applicants involved. Disciplinary action will, however, be taken as necessary.
(E) Neither this policy nor any of its terms are intended to create a contract of employment or to contain the terms of any contract of employment. The town retains the sole right to change, amend, or modify any term or provision of this policy without notice. This policy is effective May l, 2018, and will supersede all prior policies and statements relating to alcohol or drugs.
(Ord. 2-2018, passed 3-25-2018)