The following shall be considered prohibited conduct for covered employees:
(a) No employee shall report for duty or remain on duty while having an alcohol concentration of 0.02 or greater;
(b) No employee shall be on duty or operate a motor vehicle while the driver possesses alcohol;
(c) No employee shall use alcohol while performing safety-sensitive functions;
(d) No employee shall perform safety-sensitive functions within four (4) hours after using alcohol;
(e) No employee required to take a post-accident alcohol test shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first;
(f) No employee shall refuse to submit to a post-accident, random, reasonable suspicion, return-to-work, or follow-up drug and/or alcohol test. Refusal of a covered employee to take a drug or alcohol test provided for by this chapter shall result in immediate suspension from Village service without pay pending disciplinary action;
(g) No employee shall report to duty or remain on duty when the employee uses any controlled substance, except when use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to operate a motor vehicle. Employees who are required to take prescription medication which could affect their fitness for duty shall notify their immediate supervisor of the medication prescribed and present proof of possession of a prescription for the same;
(h) No employee shall report for duty, remain on duty, or perform a safety-sensitive function if the employee tests positive for controlled substances;
(i) No employee shall use, possess, distribute or sell illegal drugs or alcohol or misuse legally prescribed drugs while at work, in Village vehicles or while on Village business.
Any statutorily defined illegal activity by an employee in the administrative service of the Village or an employee of a contractor of the Village involving drugs, controlled substances or alcohol, whether during or outside Village employment, shall be grounds for discipline, up to, and including termination. All Village property shall be subject to inspection at any time without notice. Property includes, but is not limited to, Village-owned vehicles, desks, containers, files and storage lockers.
An employee who believes that another employee is using drugs or controlled substances or alcohol in violation of this chapter, in an illegal fashion, or is under the influence of drugs, controlled substances, or alcohol shall report the same immediately to his or her supervisor, and those who do not report such facts and circumstances immediately to their supervisor shall themselves be subject to discipline for neglect of duty.
(Ord. 2010-27. Passed 12-8-10.)