(A) It is the intent and obligation of the town to provide the employees with an alcohol- and drug-free workplace.
(B) Employees of the town are expected and required to report to work on time and in appropriate mental and physical condition. It is unlawful to manufacture, consume, possess, control, distribute, or sell alcohol or illegal drugs, in any amount, at any time during working hours, or at any time while on town premises. Alternatively, when the employee is performing his or her job functions while off town premises a commission of the above unlawful acts will also constitute a violation of this policy. Violation of this policy is strictly prohibited. Violation of this policy may result in disciplinary procedures up to and including termination.
(C) The town recognizes alcoholic or drug dependency as an illness and a major health problem. Additionally, the town also recognizes alcohol or drug abuse as a potential health, safety, and security problem.
(D) The town understands that some employees are hesitant or afraid to ask for help even when they are aware that they may have a drug and/or alcohol problem. Employees needing help in dealing with such problems will have one opportunity to ask for help without repercussion. They should contact their Town Council or their designee for guidance and direction. Every effort will be made to confidentially refer the employee who needs and requests such help to qualify for help. The employee will have one chance to seek such help without jeopardizing his or her job.
(E) Any employee who requests help and thereby takes time off from work will be required to pass an alcohol/drug test before he or she can return to their job.
(F) The town may require the employee to have periodic alcohol/drug tests.
(G) Any employee who is convicted of a criminal drug statute in the work place must inform the town within five days of such a conviction. When the town learns of the conviction, appropriate discipline action will be taken by the town against the employee.
(H) The town will implement the following policies.
(1) Random drug and alcohol testing.
(a) The town will administer an alcohol and/or drug test when there are specific and objective reasons to believe that an employee’s behavior is jeopardizing workplace safety. No test is to be performed until there is “cause” to believe that the employee is impaired and it is properly documented, preferably in writing by a town official.
(b) An employee who tests positive for drugs and/or alcohol, or who refuses or fails to submit to a reasonable suspicion drug and alcohol test will be suspended without pay for 30 days. The employee will then be subject to random testing. If the employee tests positive a second time, he or she will be terminated.
(2) Reasonable suspicion screening.
(a) The town will administer an alcohol and/or drug test when there are specific and objective reasons to believe that an employee’s behavior is jeopardizing workplace safety. No test is to be performed until there is “cause” to believe that the employee is impaired and it is properly documented, preferably in writing by a town official.
(b) An employee who tests positive for drugs and/or alcohol, or who refuses or fails to submit to a reasonable suspicion drug and alcohol test will be suspended without pay for 30 days. The employee will then be subject to random testing. If the employee tests positive a second time, he or she will be terminated.
(3) Post-incident testing.
(a) The town will require a post-incident alcohol and drug test on any employee who is driving a town-owned vehicle, motorized equipment, or their personal vehicle on town time. The employee must submit to a post-incident drug and alcohol test as soon as possible after an accident, whenever:
1. He or she receives a citation for a moving violation involving the accident;
2. A person is injured because of the accident and the injuries require immediate medical treatment to the person away from the accident scene; and/or
3. One or more motor vehicles involved in the accident incur disabling damage and must be transported away from the accident scene by a tow truck or another vehicle.
(b) The police can also request that a test be done following an accident.
(c) An employee who is required to take a post-incident drug and alcohol test will, at the town’s discretion, either be assigned to a position which does not require driving town vehicles or operating motorized equipment, or placed on non-disciplinary suspension with pay while awaiting the post incident test results.
(d) An employee who tests positive for drugs and/or alcohol, or who refuses or fails to submit to a reasonable suspicion drug and alcohol test will be suspended without pay for 30 days. The employee will then be subject to random testing. If the employee tests positive a second time, he or she will be terminated.
(e) The employee must present any prescription to the elected officials at the time of collection or as soon as possible.
(f) If the employee tests positive for drugs or alcohol, he or she will be required to reimburse the town for the cost of testing.
(4) Post-offer screening.
(a) As a final step in the employment process, all applicants who are conditionally considered for employment and those former employees who are to be reinstated for employment after a layoff or a leave of absence may be required to submit to a drug screen test.
(b) If the applicant or former employee tests positive, employment will be denied. Any employee who is transferred or promoted to a department where drug testing is required must have testing performed.
(c) If such employee has a positive drug test result, that promotion or transfer will be withdrawn. Rehabilitation will be offered. Refusal to submit to the test will result in denial of employment.