(a) Adoption. The following substance abuse policy is hereby adopted.
(b) Goals. The goal of this policy is to ensure that each Village employee is fit for duty and is as productive as possible every day. It remains the Village's desire and intent to encourage any employee with an alcohol or drug dependency problem to seek professional assistance before the problem leads to an incident requiring disciplinary action.
(c) Definitions. As used in this section:
(1) Illegal drug means any drug which is not legally obtainable or which is legally obtainable but has not been legally obtained. The term includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes or used to excess. The term also includes marijuana.
(2) Legal drug means prescribed drugs, alcohol and over-the-counter drugs which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured.
(3) Under the influence means that an employee is affected by a drug or alcohol or a combination of a drug and alcohol in any detectable manner.
(d) Alcohol. Possession, use or being under the influence of alcohol by an employee while at work or on Village property or on Village business is prohibited.
(e) Illegal Drugs. Possession, use, sale, purchase or being under the influence of an illegal drug by an employee while at work on Village property or on Village business is prohibited.
(f) Legal Drugs.
(1) An employee's use of a legal drug is not prohibited unless such use could pose a significant risk to the safety of the employee or others.
(2) An employee who has reason to believe that the use of a legal drug may present a safety risk to himself, herself or others must report such drug use to the Village to determine job-related consequences. The Village may require the employee to take a leave of absence or comply with other appropriate remedies established by Village authorities.
(g) Drug and Alcohol Testing. The Village may require a blood test, breathalyzer test, urinalysis or other drug/alcohol test of an employee whom the Village has reasonable cause to suspect of using or being under the influence of a drug while at work or on Village property or on Village business. This may include an employee who has been suspected of being under the influence of drugs and/or alcohol.
If a drug test reveals that an employee has illegal drugs and/or alcohol in his or her system, the test results will be considered with other evidence that the employee was under the influence of illegal drugs and/or alcohol at the time of the test.
If an employee is required to leave work for a drug or alcohol test, the Village will pay the employee for time lost from scheduled work for that day, provided the employee's test results are negative.
(h) Disciplinary Action.
(1) A violation of any of the provisions of this substance abuse policy may result in termination, even for a first offense.
(2) Under appropriate circumstances, an employee's refusal to consent to a drug/alcohol search or test under the provisions of this policy may also result in termination, even for a first refusal.
(3) An employee who is participating in a chemical dependency treatment program may be required to undergo periodic drug/alcohol testing at any time at the sole discretion of the Village authorities during the treatment and for up to two years following completion of any chemical dependency treatment program.
(4) An employee who has successfully gone through treatment under an assistance plan and who subsequently is found to be under the influence, or who tests positive on a periodic test as required under this substance abuse policy, may be terminated.
(i) Assistance Programs.
(1) The Village encourages the use of substance abuse assistance programs (SAAP) which provide help to employees who suffer from alcohol or drug abuse. However, it is the responsibility of the employee to seek assistance from an assistance program before alcohol and/or drug use leads to disciplinary action under this policy.
(2) The employee's decision to seek prior assistance from the SAAP will not be used as the basis for disciplinary action. On the other hand, using the SAAP will not be a defense to avoid disciplinary action where the facts proving a violation of this policy are obtained outside of the SAAP.
(j) Condition of Employment. As a condition of employment, each employee shall:
(1) Agree in writing to abide by the terms of this Village policy respecting a drug and alcohol-free workplace; and
(2) Agree to notify his or her supervisor of his or her conviction of any criminal drug statute for a violation occurring on Village premises, or while performing work of the Village, not later than five days after such conviction.
(k) Dissemination of Policy and Assistance. In order to make employees aware of dangers of drug and alcohol abuse, the Village shall:
(1) Provide each employee with a copy of the Village drug and alcohol policy;
(2) Post notice of the Village drug and alcohol policy in a place where other information for employees is posted;
(3) Make available materials from local, State and national anti-drug and alcohol abuse organizations as requested;
(4) Enlist the aid of community and State agencies with drug and alcohol information and rehabilitation programs to provide information to Village employees when needed; and
(5) Encourage employees suspected of having a drug or alcohol abuse problem to refer themselves to their supervising administrators who would treat all referrals confidentially, whether of oneself or another, and initiate no disciplinary action in such instances, except that said supervisor shall be allowed to recommend substance abuse assistance programs where appropriate.
(l) Notice. As provided in paragraph (k)(2) hereof, the following drug-free workplace policy shall be posted in a place where other information for employees is posted:
- NOTICE -
DRUG-FREE WORKPLACE POLICY
This statement is published pursuant to the provisions of the Drug-Free Workplace Act (30 ILCS 580/1 et seq.) and the Drug-Free Workplace Act of 1988 (21 U.S.C. 1501) and applies only to employees directly engaged in the specific performance of work pursuant to the provisions of a grant or contract with the State of Illinois or the United States of America.
Employees are given notice that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the workplace. Any employee violating such prohibition will be suspended, terminated or ordered to participate in a drug abuse assistance/rehabilitation program.
As a condition of employment on a grant or a contract with the State of Illinois or the United States of America, the employee must abide by the terms of this statement and must give notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
All employees engaged in the performance of work pursuant to the provisions of a grant or contract with the State of Illinois or the United States of America will be given a copy of this policy.
(Res. 1995-R-12. Passed 10-9-95.)