§ 35.097  DRUG AND ALCOHOL-FREE WORKPLACE POLICY.
   (A)   Purpose.
      (1)   It is the policy of the village that the public has the right to expect all persons employed by the village to be free from drug use and alcohol abuse. All facilities owned or leased to the village and all sites where the village is performing work on its own behalf are subject to this policy.
      (2)   Employees are expected and required to report to work on time and in an appropriate mental and physical state for work. It is the village's intent and obligation to provide and maintain a drug and alcohol- free, healthful, safe and secure work environment.
      (3)   The village recognizes drug and alcohol dependency as serious health problems. The employee in need of help in dealing with such problems is encouraged to use the village's employee assistance program and/or health insurance plan, as appropriate. Conscientious efforts to seek such help will not jeopardize an employee's job, and will not be recorded in any village personnel file.
      (4)   All employees of the village and those contractors and subcontractors who are engaged in the performance of a contract subsidized in full or in part by a federal or state grant shall be given a copy of this policy. This policy shall also be posted outside the Village Clerk's Office at Village Hall. With the receipt of a copy of this policy, each employee agrees that, as a condition of employment with the village, the employee will abide by the terms of this policy.
      (5)   The following divisions are the village's rules and regulations with respect to the use of alcohol and controlled substances.
   (B)   Employee rules and regulations.  Employees shall be subject to the following rules and regulations:
      (1)   An employee shall not buy, manufacture, sell, transport, purchase, possess or use controlled substances and/or alcohol during work hours on village premises or while conducting village business off- premises.
      (2)   An employee shall not report to work when under the influence of alcohol or controlled substances not prescribed for medical or medicinal purposes.
      (3)   An employee shall not use alcohol and/or drugs while in village buildings, vehicles, on village property, nor while in village uniform.
      (4)   An employee shall not use any alcoholic beverages or possess any open containers of alcoholic beverages on any street, sidewalk or public place within the village while on duty, except where required in the course of the employee's duties. This shall not prohibit the consumption of alcohol at village-related social or civic events. For the purposes of this section, "within the village" shall include but not be limited to streets, sidewalks, village buildings, village vehicles and village property.
      (5)   An employee shall be required to immediately submit to appropriate tests for the detection of alcohol and/or controlled substances when the employee's supervisor, department head or the Village Administrator has reasonable suspicion to believe that such employee is under the influence of drugs and/or alcohol.
      (6)   Prior to the start of a work day, an employee who is taking any medications or drugs, whether or not it is prescription or non-prescription, shall notify his/her supervisor, department head or the Village Administrator if such medication or drug may interfere with the safe and effective performance of duties or operation of village equipment.
      (7)   Upon request, an employee shall provide a current, valid prescription in the employee's name for any drug or medication identified in a positive test for controlled substances within 24 hours of such request.
      (8)   Violation of a criminal drug statute:
         (a)   An employee shall notify the city if he/she has been arrested and convicted of any criminal drug statute occurring in the workplace, or performing any job-related duty while not on village-owned property, no later than five days after such conviction. For the purposes of this policy, the following definitions shall apply:
            1.   CONVICTION shall mean a finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes; and
            2.   CRIMINAL DRUG STATUTE shall mean a criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substances.
         (b)   Within 30 days after receiving notice from an employee of a conviction, the village shall:
            1.   Impose an appropriate sanction;
            2.   Take appropriate personnel action against such employee, up to and including termination; and/or
            3.   Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, state, local health, law enforcement or other appropriate agency.
      (9)   Any employee who uses, distributes or manufactures illegal substances during his/her workday, including lunch hour or breaks, will be separated from village employment and prosecuted to the extent possible under the law.
   (C)   Supervisor/department head responsibilities. The supervisor/department head shall be responsible for enforcing this policy at all times, and is required to perform the following duties in conjunction with this policy:
      (1)   Enforce this policy at all times. Any supervisor/department head who knowingly permits a violation of this policy by any employee under his/her direct supervision shall be subject to disciplinary action.
      (2)   Receive at least 60 minutes of training on alcohol misuse, and receive an additional 60 minutes of training on controlled substance misuse. Training must include the physical, behavioral, speech and performance indicators of probable misuse and use of controlled substances.
      (3)   Request that an employee submit to a drug and/or alcohol test when reasonable suspicion exists that such employee is under the influence of drugs and/or alcohol. Reasonable suspicion exists when the supervisor/department head observes specific, contemporaneous, articulable observations concerning the following:
         (a)   Slurred speech;
         (b)   Alcohol on breath and/or body odor;
         (c)   Inability to walk a straight line;
         (d)   An accident;
         (e)   Possession of alcohol or drugs;
         (f)   Erratic operation of equipment;
         (g)   Observation of an employee using alcohol or drugs, or distributing such on village-owned property. (An employee suspected of having drugs or alcohol on village premises is subject to having his/her work area searched by the department head, Village Administrator, or other village officials);
         (h)   Overall appearance and/or behavior;
         (i)   Indication of chronic and withdrawal effects of controlled substances.
      (4)   Any supervisor/department head who determines that reasonable suspicion exists for an employee to submit to a drug and/or alcohol test must immediately notify the department head and the Village Administrator or his designee. Should the department head and/or the Village Administrator conclude that reasonable suspicion exists that an employee is impaired, testing procedures shall commence immediately. If the supervisor is unable to contact the department head and the Village Administrator within four hours, the supervisor may order the employee to submit to a drug and/or alcohol test, but the results of the test will be held by the laboratory until its release is approved by the Village Administrator.
   (D)   Conditions under which mandatory testing shall be conducted.  Testing for alcohol and/or controlled substances shall be conducted under the following conditions:
      (1)   Police officers who have been certified by the state of Illinois or the Village Police Department or any employee of the village who has been certified as a Breath Alcohol Technician ("BAT") may conduct the alcohol testing of an employee at the Village Police Facility. A BAT qualified supervisor, department head or police officer who makes the determination that reasonable suspicion exists for testing an employee may not conduct the alcohol test for that employee, unless no other BAT is available to perform the test in a timely manner.
      (2)   Drug testing shall be conducted in a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act and that has or is capable of being accredited by the National Institute of Drug Abuse ("NIDA"). The employee's supervisor, department head or the Village Administrator shall accompany the employee to the designated testing facility.
      (3)   The laboratory or facility selected to conduct the test(s) must conform to NIDA standards.
      (4)   Chain of custody procedures shall be established for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee shall be permitted at any time to have control or sole custody of any sample.
      (5)   A sufficient sample of the same bodily fluid or material shall be collected from an employee to allow for initial screening, a conformity test, and a sufficient amount to be set aside and reserved for later testing, if requested by the employee.
      (6)   Samples are to be collected in such a manner as to preserve the individual employee's right to privacy and to also ensure a high degree of security for the sample and its freedom from adulteration.
      (7)   Any sample that tests positive in the initial screening for drugs shall be confirmed by testing the second portion of the same sample by gas chromatography mass spectrometry (GCMS), or an equivalent scientifically accurate and accepted method that provides quantitative data about the detected drug or drug metabolites. Samples are tested for the following:
         (a)   Marijuana metabolite;
         (b)   Cocaine;
         (c)   Opiates, which includes morphine and codeine;
         (d)   Phencyclidine;
         (e)    Amphetamines.
      (8)   The employee whose test results are positive shall be provided with an opportunity to have the additional reserved sample tested by a clinical laboratory or hospital facility of the employee's own choosing, and at the employee's own expense, in accordance with federal procedures, provided the employee notifies the Village Administrator within 24 hours of receiving the test results, and provided that the clinical laboratory or hospital facility selected to perform the testing meets the criteria set forth above.
      (9)   In regard to alcohol testing, an employee who has a confirmed test result showing an alcohol concentration level of 0.04 or greater shall be considered to have tested positive for alcohol. This standard does not preclude the village from removing an employee who has a confirmed alcohol concentration level of 0.02 or greater from his/her job- related duties, including the operation of village-owned equipment.
   (E)   Effect of positive tests for alcohol and/or controlled substances.  An employee who tests positive for alcohol and/or controlled substances shall be subject to the following:
      (1)   An employee who has a confirmation test alcohol concentration of 0.02 or greater shall be immediately removed from his/her job-related duties for 24 hours.
      (2)   An employee who has a confirmation test alcohol concentration of 0.04 or greater shall be immediately removed from his/her job related duties until such time as he/she tests negative for alcohol.
      (3)   An employee who tests positive for controlled substances shall be immediately removed from his/her job-related duties until such time as he/she tests negative in a mandatory return-to-work controlled substances test.
      (4)   If an employee has a confirmed positive test for alcohol and/or controlled substances, the Village Administrator will:
         (a)   Immediately institute disciplinary proceedings, including termination; or
         (b)   Allow the employee at his/her expense to voluntarily enter an appropriate treatment program.
      (5)   If the employee agrees to voluntarily enter an appropriate treatment program under division (E)(4)(b), above, the employee must agree to participate and complete the treatment program as determined by the attending physician or substance abuse professional ("SAP").
         (a)   At the Village Administrator's discretion, the employee may be given a leave of absence, without pay, to complete the treatment program.
         (b)   Upon completion of the treatment program, the employee may return to such duties as are assigned by the department head.
         (c)   Such employee shall not be allowed to return to work unless:
            1.   The employee has discontinued his/her use of illegal drugs;
            2.   The attending physician or SAP certifies that the employee has completed the treatment program and is drug-free;
            3.   The employee agrees to continue in any physician or SAP after care program; and
            4.   The employee agrees to submit to random testing during work hours for a period of 12 months.
(Ord. 2000-02, passed 5-17-00)