(A) In accordance with the requirements of the Drug-Free Workplace Act of 1988 being 41 U.S.C. 8101 et seq., the following policy relating to all staff and the premises of the town is established.
(B) The town has a legitimate interest in providing a drug-free and alcohol-free work environment. Substance abuse by employees of the town while on the job could interfere with the organizational performance and jeopardize the safety and welfare of other employees, as well as that of the public.
(C) In order to confirm instances of substance abuse by employees, the town may demand a specimen of urine and/or breath and/or blood from an employee or town official on the basis of reasonable suspicious of such abuse. Reasonable suspicion is defined as a belief, based on objective facts and/or a report observation, that an employee has taken drugs or consumed alcohol while on the job or recently before the start of work, or whose work appears to be impaired as from the influence of drugs.
(D) Breath analysis shall be performed by the State Highway Patrol at the employer’s/town’s expense. Urine and/or blood specimens shall be collected by an authorized health care professional and be analyzed at a laboratory designated by the town, at the employer’s/town’s expense. The specimen will be tested for, but not limited to, amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, methaqualone, opiates, phencyclidine or any drugs or controlled substances which are not prescribed by a licensed medical doctor, or prescription drugs used in a manner not consistent with recognized medical procedures.
(E) Custody and security of specimen samples will be thoroughly documented by the town and the independent testing laboratory.
(F) Refusal to submit a specimen sample that is required within the parameters of this policy may subject the employee or elected official to disciplinary action.
(G) In addition, the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the town workplace. Any employee found in violation of this policy will be subject to action authorized by the existing state and federal statutes relating to this criminal offense. Further, as a condition of employment and/or continued employment, such employee will:
(1) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; and
(2) As deemed appropriate by the Manager, an employee found to be in violation of this policy may be required to seek appropriate, prescribed professional services at the employee’s expense.
(1979 Code, § P-1) (Ord. passed 8-2-1993)