The Village has a vital interest in maintaining a safe, healthy, and efficient working environment for its employees. Drug and alcohol use both on and off-the-job can impair an employee's ability to perform his/her job responsibilities and can also pose a safety and/or health risk to the employee, other Village employees, the public and to Village property. All employees are required to report to their jobs in the appropriate mental and physical condition, ready and able to work.
The Village also recognizes that its own health and future are dependent upon the physical and psychological health of its employees. Accordingly, the Village has established the following guidelines regarding use, distribution, possession and/or sale of alcohol and/or prohibited substances.
For purposes of this policy, the term "prohibited substances" shall be defined as any controlled substance, including marijuana, cocaine, opiate, amphetamine, PCP and all other "controlled substances" as defined by federal or state law. Prohibited substances shall also include any drug which is not legally obtainable and/or any drug which is legally obtainable, such as a prescription drug, but which has not been legally obtained, or is not being used for prescribed purposes, and/or is not being taken according to prescribed dosages.
• The Village will administer a pre-employment drug screening to prevent the hiring of individuals who use illegal drugs.
• The manufacture, possession, use, distribution, sale, purchase and/or transfer of, or being under the influence of, alcohol and/or illegal drugs, in any detectable amount, is strictly prohibited while on Village property, while performing Village business and/or while operating a Village vehicle. The lawful possession of alcohol in the original container and with the seal unbroken, in an employee's personal vehicle parked on Village property during the employee's assigned hours, or in a Village vehicle when being transported for a work-related purpose, shall not be a violation of this policy.
• The possession and/or use of a legal controlled substance, in any detectable amount, which impairs the employee's ability to perform the essential functions of their job is strictly prohibited while on Village property, while performing Village business and/or while operating a Village vehicle.
• Drug testing of sworn police officers shall be governed by the terms of the then-current collective bargaining agreement and not by this policy.
• Drug testing of all other employees shall be required when there is reasonable suspicion that an employee has any detectable amount of alcohol and/or drugs in his/her system. For purposes of this policy "reasonable suspicion" shall mean a Supervisor has a reasonable basis to believe the employee is impaired or manifests symptoms or conduct that impact his/her ability to sufficiently perform his/her job responsibilities. When such reasonable suspicion exists, the employee shall not be permitted to remain at work, on Village property and/or in possession of a Village vehicle and shall be subject to an immediate drug and/or alcohol screening.
• Being under the influence may be determined by a test result which identifies any detectable amount of a prohibited substance upon urine testing processed by a federally certified laboratory or based on observations that lead a supervisor to reasonably suspect that an employee is under the influence of drugs or alcohol.
• In addition to the drug and/or alcohol testing identified above, any employee possessing a commercial driver's license (CDL) as a condition of his/her employment, shall also be subject to random drug and/or alcohol testing.
• Refusal or failure to comply with the required drug/alcohol screening and/or random drug testing as set forth in this policy, will result in disciplinary action up to and including immediate termination of employment.
• Off-the-job illegal alcohol/drug use and/or illegal drug activity could adversely affect an employee's job performance, jeopardize the safety of other Village employees, the public or Village facilities, jeopardize the security of Village finances or business records and/or adversely affect customers or the public's trust in the Village's ability to carry out its responsibilities. Any reasonable suspicion that an employee is involved in off-the-job illegal alcohol/drug use and/or illegal drug activity will be considered a violation of this policy. For purposes of this policy "illegal drug activity" shall mean the manufacture, possession, distribution, sale, purchase and/or transfer of any illegal drug or any similar activity that would be a violation of Federal, State, or local laws.
• The legal use of prescribed drugs or commercially available over-the- counter drugs is permitted on the job only if it does not impair an employee's ability to perform the employee's job duties. Employees using a prescribed medication or an over-the-counter medication that may impair mental or motor functions required for performance of their job duties must immediately inform Human Resources of such use. The Human Resources Manager, in conjunction with the employee, will discuss the level of impairment on an individual basis and may limit an employee's performance of duties or implement other responsive measures. This policy also prohibits the use of medically prescribed marijuana in the workplace or being under the influence of marijuana as a "qualifying patient" under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act during the workday or work activities.
• The Village recognizes that alcoholism/drug abuse is a treatable illness. The Village shall not discriminate against employees based on the nature of such illness. No employee shall have his/her job security threatened by voluntarily seeking assistance for a substance abuse problem. The same consideration for referral and treatment afforded to other employees having non-drug/alcohol related illnesses shall be extended to such employees actively seeking treatment for substance abuse. While the Village supports employees' efforts to treat substance abuse, the Village may impose discipline in response to policy violations that arise prior to an employee's request to pursue treatment.
a. Every effort shall be made to work with and assist the employee in seeking and obtaining treatment without undue delay.
b. An employee who voluntarily seeks treatment for a substance abuse problem and requests a leave of absence for treatment may be granted the leave of absence, as permitted by Departmental needs, and provided under applicable State and/or Federal law. An employee who seeks a leave of absence may also be eligible for benefits under the specifications of the existing insurance policy.
Any violation of this policy by an employee shall subject the employee to appropriate discipline, which may include termination of employment. An employee's unlawful use of prohibited substances and/or alcohol, and/or any unlawful drug activity, shall be cause for immediate discharge from further employment with the Village. Where an employee is subject to discipline due to Village's determination that the employee is impaired and the employee contends, they are a "qualifying patient" under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, the Village will offer the employee the opportunity to respond to the determination regarding impairment as required by law.
Nothing in this policy shall be construed to discharge the Village from its responsibility to maintain a safe and secure work environment for its employees or from invoking such disciplinary actions as may be deemed appropriate for actions of misconduct by virtue of an employee's use or abuse of alcohol and/or any prohibited substance.
(Ord. 23-1853, passed 5-3-23)