(A) Before any applicant for employment is hired or anyone is permitted to serve as a reserve police officer or volunteer firefighter, he or she will be tested for the presence of illegal drugs. Applicant testing will be done as a regular part of pre-employment screening as a condition of the job offer. Applicants include all regular full-time and part-time, all rehires unless reinstated within 30 days, all temporaries who will be on our payroll and all paid and unpaid reserve police officers and volunteer firefighters. Should an applicant test positive on our initial test, a confirmatory test will be made upon the same sample. If the confirmatory test is also positive the applicant will be denied employment and not be permitted to serve as a reserve police officer or volunteer firefighter. An applicant who declines to submit to testing will be denied employment and not be permitted to serve as a reserve police officer or volunteer firefighter. Applicants who are denied because of a positive test may re-apply and be re-tested after one year from the time of the initial rejection.
(B) Whenever testing is required under this policy, the town will, when possible, direct the applicant to submit a urine sample. If a urine test is not possible, then a blood sample will be required.
(C) The town requires all employees, reserve police officers and volunteer firefighters to report to work in a condition that allows them to perform their duties in a safe and efficient manner. Employees, reserve police officers and volunteer firefighters will not be permitted to work under the influence of alcohol or with prohibited drugs in their systems thereby affecting the job performance.
(D) Violation of any provision of this drug-free workplace policy will be considered just cause for disciplinary action up to and including discharge, even for a first offense.
(E) Prohibited drugs are defined as illegal substances, including controlled substances as defined in the Control Substances Act (21 USC 812) and the Code of Federal Regulations (21 CFR 1308.11 through 1308.15) and prescription controlled substances which have not been prescribed by a licensed physician or dentist for the specific treatment purposes of the person. Abuse of prescription or over-the-counter drugs will also be treated as a substance abuse problem under this policy. This drug-free workplace policy prohibits the illegal use, sale, transfer, distribution, possession or unlawful manufacture of narcotics, drugs or other controlled substances while on the job or on property owned by the town, including vehicles used for town business.
(F) The town also reserves the right to make a search of any real or personal property owned by or under the control of the town if a violation of this policy is suspected.
(G) Any employee, reserve policy officer or volunteer firefighter who uses, sells, manufactures, participates in the distribution of or possesses illegal drugs may be reported to the appropriate law enforcement agency which may result in criminal prosecution.
(H) The town, at the town’s sole discretion, may provide any employee, reserve police officer or volunteer firefighter the option to voluntarily participate in an approved assistance or rehabilitation program. When this option is offered, any leave of absence will be consistent with the present policies and practices of the Town of Shirley, any employee, reserve police officer or voluntary firefighter who voluntarily participates in an approved assistance or rehabilitation program will be fully responsible for his or her costs incurred in such treatment or related treatment if such costs are not covered through group medical insurance in which the employee, reserve police officer or voluntary firefighter is enrolled.
(`95 Code, § 28.02) (Ord. 441994, passed 4-4-94)