(A) Purpose. To clearly state the village’s position towards the possession, use or abuse of alcohol and drugs on the job.
(B) Policy statement.
(1) Generally.
(a) The village believes that the best interests of employees, the village and the public are served by ensuring that the workplace remains free from abusers of alcohol and drugs. Allowing employees to attempt to work while under the influence of alcohol or drugs not only lowers employee morale and productivity, it also increases the probability of work-related accidents and injuries. The purpose of this policy is to assist supervisors in identifying employees who may be abusing alcohol and/or drugs and to establish a consistent method for resolving these problems.
(b) Being under the influence of alcohol and/or illegal drugs while on village property, or while performing village business, is strictly prohibited. In addition, the use, possession, sale, transfer or purchase of any illegal drug or alcohol on village property, or while performing village business is also strictly prohibited. Violations of this policy may result in disciplinary actions up to and including immediate termination.
(2) Drug/alcohol abuse detection methods.
(a) The village may conduct tests for alcohol and/or drugs in a number of situations including, but not limited to, the following:
1. Testing of applicants as a pre-employment screening device;
2. Testing of employees as part of a routine physical examination, such as return to work physicals or an annual physical examination;
3. Testing of employees who have caused, or who have contributed to, an on the job accident which has caused either physical injury or damage to village property;
4. Testing of employees who display unusual, erratic behavior or whose job performance changes in a way that suggests that the use of alcohol and/or drugs may be affecting their job performance; and
5. Testing of employees in safety-sensitive positions on a random basis to ensure the maintenance of safe working environment.
(b) Employees should recognize that the village may utilize other methods of drug detection in order to maintain a drug-free working environment. These methods include, but are not limited to:
1. Suspicionless searches of employee lockers, desks, village motor vehicles and other village property used by employees;
2. Searches of individual employees’ persons, purses and motor vehicles parked on village property, upon reasonable suspicion of violations of this policy; and
3. Bringing guard dogs to work to search for illegal drugs.
(3) Definitions. For the purpose of this policy, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG TEST (or TEST). A urine, blood, saliva, breath or hair follicle test to determine the presence of alcohol or drugs.
ILLEGAL DRUG. Any drug, or derivative thereof, for which the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage of is illegal and/or regulated under any federal, state, local law or regulation and any other drug, including, but not limited to, a prescription drug which is used for any other reason other than a legitimate medical reason, in the dosage prescribed, as well as the use of illegal inhalants. Included in this definition are marijuana or cannabis in all its forms.
NEGATIVE TEST RESULT. No drugs or alcohol in excess of the guidelines established by the village have been detected.
POSITIVE TEST RESULT. Any test result which shows the presence of any illegal drug (as defined above) or alcohol in excess of the limits set by the village.
(4) Reasonable suspicion testing procedures.
(a) Recognition of substance abuse. Supervisors should be aware of the symptoms of potential alcohol and/or drug abuse among employees, in order to facilitate the formulation of reasonable suspicion in cases of employee substance abuse. Symptoms include, but are not limited to:
1. Excessive absenteeism;
2. Multiple instances of unauthorized absence;
3. Frequent Monday or Friday absences;
4. Excessive tardiness, particularly in the mornings and after lunch;
5. Leaving work early;
6. Peculiar and increasingly improbable excuses for absences;
7. Continued absence from desk or work area;
8. Frequent trips to water fountain or rest room;
9. Long coffee breaks;
10. High accident rate;
11. Difficulty in concentration;
12. Jobs take more time than usual;
13. Hand tremor when concentrating;
14. Confusion;
15. Difficulty in recalling instructions and own mistakes;
16. Spasmodic work patterns;
17. Alternate periods of high and low productivity;
18. Coming to and/or returning to work in an obviously abnormal condition;
19. Generally lowered job efficiency due to carelessness and/or inattention;
20. Wide swings in morale; and
21. Borrowing money from fellow workers.
(b) Contact employee’s department head. An employee’s immediate supervisor who formulates a reasonable suspicion of violation of this policy based upon any of these symptoms shall immediately contact the employee’s department head (or, in the absence of the department head, his or her designee) and discuss the situation with them. The department head (or designee) and supervisor will then sit down to counsel with the employee determine if there may be a legitimate reason for the employee’s poor performance. It is recommended that the department head interview the employee.
(c) Interview of employee. Explain to the employee that the department head doesn’t understand the reason for his or her erratic or unusual work behavior. Ask if there is some reason which may explain their erratic or abnormal work performance. The supervisor and department head will also record their own observations of the employee’s behavior using the “employee behavior checklist”. If the employee provides a reasonable explanation for his or her abnormal or erratic work behavior, thank him or her and take whatever action is appropriate to improve his or her work behavior. If the employee has no reasonable explanation, the department head will complete an employee counseling form in the following manner.
(d) Completing the employee counseling forms.
1. For “reason”, the department head (or designee) will check “other”, and will write in “erratic work behavior”;
2. For “action taken”, the department head (or designee) will check “suspension with pay”;
3. Under “description of incident”, the department head (or designee) will write the following statement:
“(Employee’s Name)’s erratic and abnormal work performance suggests that (Employee Name) may be under the influence of alcohol or drugs. (Employee Name) can provide no other reasonable explanation for their behavior. As a result, (Employee Name) is being sent home for the remainder of the day. (Employee Name) has been advised that this is considered a very serious matter by the Village and that in the event that there is any further suggestion of (alcohol/drug) abuse on the job, that (Employee Name) will be required to submit to a blood test and/or urinalysis test. (Employee Name) has further been advised that refusal to submit to such a test will be considered insubordination. Refusal to submit to such a test will be grounds for disciplinary actions up to and including immediate discharge.”
(e) Transport of employee. The Director of Personnel will arrange transportation home for the employee. Never, under any circumstances, should such an employee be allowed to drive himself or herself home from work.
(f) Subsequent offense. Following such a counseling session, if the supervisor again notices that the same employee’s work performance seems to indicate the possibility of alcohol or drug abuse, the supervisor will contact the department head (or designee) and will arrange an immediate meeting with the employee to talk with the employee to determine if there is a legitimate reason for the employee’s poor work performance. If there is no legitimate reason, and the supervisor and department head (or designee) have a reasonable suspicion that the problem is alcohol or drug related, the employee will be informed that he or she will be expected to take a drug and alcohol test to determine if the performance problem is related to alcohol and/or drug abuse.
(g) Order to submit to drug/alcohol testing. The employee will be informed that failure to submit to a test will be considered an act of insubordination. It should be explained that his or her refusal to submit to the blood test and/or urinalysis test will subject the employee to disciplinary actions up to and including immediate discharge. The employee will also be informed that a positive test result will be cause for disciplinary actions up to and including discharge.
(h) Transport of employee to test. If the employee agrees to submit to a blood test and/or urinalysis, the Director of Personnel will make arrangements to transport the employee to the testing facility for the drug and alcohol test.
(i) Explanation. It will be explained to the employee that he or she is being suspended from work, without pay, pending the results of the test.
(j) Results of test. In the event of a positive test result for drugs or alcohol, the employee will be notified of his or her discipline, up to and including termination. In addition, the employee will be advised of the procedures he or she may utilize if he or she wants to challenge the test results.
(k) Challenge to test results. In the event the employee wishes to challenge the validity of the test results, he or she will be allowed to have one of the samples previously collected by the testing facility retested. This retest may be performed at the original drug testing laboratory or at another NIDA certified drug and alcohol testing facility. The cost of a retest will be borne by the employee.
(l) Results of challenge. If, as a result of a retest, it is determined that the original results were accurate, the employee’s termination will stand. If it is determined that the original results were in error, then the employee will be eligible for immediate reinstatement with back pay for all the time he or she has missed.
(Ord. 98-1, passed 6-1-1998; Ord. 01-09, passed 8-28-2001)